OUTLINES  OF 

CIVIL  GOVERNMENT 


WITH 

SUGGESTIONS  FOR  CIVIC  TRAINING 
BY  ORIGINAL  WORK 


BY 
ELEANOR  J.  CLARK 


BOSTON,  U.  S.  A. 

THE    PALMER   COMPANY 

120  BOYLSTON  STREET 
1910 


Copyright,  1910, 

by 
THE  PALMER  COMPANY. 


. 

r 


CONTENTS 

PART    I. LOCAL    GOVERNMENT 

The  Township  System  in  New  England:  The  New  Eng- 
land Towrn    .........  I 

The  Township  System  in  New  England  continued :    The 

New  England  County  .......  II 

The  County  System  of  the  South Ill 

The  Mixed  System  of  Middle  Atlantic  and  Western  States  IV 

The  City V 

PART    II. STATE    AND    TERRITORIAL    GOVERNMENT 

The  State  :   Constitution  ;   Powers  of  State         ...  VI 

The  State:  Legislative  Department  .         ....  VII 

The  State :  Executive  Department VII 

The  State :  Judicial  Department         .                   .         .         .  VIII 

Territorial  Government IX 

PART    III. FEDERAL    GOVERNMENT 

Constitution  of  United  States  ;  Powers  of  United  States  X 
Legislative  Department :   Congress;   House  of  Represent- 
atives   .         .         .         .         .         .         .         .         .         .  XI 

Legislative  Department:  Senate XII 

Legislative  Department:  The  Two  Houses  ;  Law  Making  XIII 

Executive  Department :  Vested;  Cabinet;   President         .  XIV 
Executive    Department:     Department    of    State,    of    the 

Treasury        . XV 

Executive  Department :   Department  of  War,  Navy,  Jus- 
tice,  Post    Office,    Interior,   Agriculture,   Commerce 

and  Labor XVI 

Judicial  Department  .         .         .         .         .         .         .         .  XVII 

PART    IV. THE    CONSTITUTION    OF    THE    UNITED    STATES 

270334 


INTRODUCTION 


PLAN 

1.  SIMPLE  ACCOUNT,  CONVENIENT  SUMMARY. 

The  writer  of  this  elementary  book  in  Civil  Govern- 
ment has  aimed  to  produce  a  simple  but  full  account, 
with  a  complete  summary  of  each  subject  in  the  recitation 
outlines. 

2.  PERSONAL   STUDY    OF   LOCAL   GOVERNMENTS, — 

ORIGINAL  WORK. 

The  Outlines  will  be  of  little  value  without  the  personal 
investigation  of  pupils  and  teacher  together  of  those  forms 
of  local  government  with  which  we  are  in  daily  contact. 

Let  the  pupils  learn  the  actual  workings  of  the  school 
district,  road  district,  township,  incorporated  town, 
borough  or  city,  and  county  government  under  which  they 
live.  The  officers  themselves  may  be  questioned,  parents 
will  settle  difficult  points  sure  to  come  up.  A  state  manual 
issued  by  the  legislature,  a  state  register,  local  histories, 
a  city  manual,  town  records,  town  reports,  are  excellent 
aids.  After  the  questions  suggested  by  outlines  for  pupils' 
notebook  and  others  that  have  arisen  are  thoroughly  talked 
over  in  the  class,  require  each  pupil  by  use  of  the  outline 
in  the  book,  or  a  better  one  which  has  been  worked  out, 
to  write  a  concise,  accurate  account  of  the  subject.  Hold 
a  town  meeting,  visit  a  court,  do  whatever  seems  wise  to 
interest  the  pupils  in  the  study  of  local  conditions,  and 
to  make  them  good  citizens. 


vi 

3.  STUDY  OF  CENTRAL  GOVERNMENTS. 

The  study  of  the  familiar  forms  of  local  government  will 
lead  to  an  interest  in  the  more  remote  State  and  Federal 
Governments.  Require  oral  reports  or  written  sketches  of 
the  important  historical  events  influencing  our  political 
institutions — suggested  in  the  outlines  for  the  notebooks, 
or  selected  by  the  teacher.  Make  a  school  scrapbook  of 
clippings  from  papers,  containing  incidents  which  illus- 
trate the  workings  of  the  departments  of  State  and  Federal 
Government.  Divide  the  book  into  chapters  correspond- 
ing to  the  plan  of  the  Outlines  or  any  convenient  arrange- 
ment. Let  the  pupil  read  his  article,  or  a  written  sum- 
mary of  it  when  the  article  is  long,  and  the  class  decide 
what  it  illustrates  and  under  what  chapter  it  should  be 
placed. 

4.  FULL  STUDY  OF  THE  FEDERAL  CONSTITUTION 

OPTIONAL. 

Topics  relating  to  the  Constitution  are  left  optional 
(marked  optional  in  the  recitation  outlines).  They 
may  be  entirely  omitted  unless  a  thorough  study  of  the 
Constitution  is  desired;  in  that  case  the  topics  give  a  care- 
ful summary.  Numbers  in  parenthesis,  as  (7),  refer  to 
that  portion  of  the  Constitution  in  Part  IV.  Explanatory 
notes  are  given  with  the  Constitution. 

5.  HISTORICAL  AND  THEORETICAL  READINGS. 

The  historical  development  of  our  political  institutions, 
the  theories  of  wise  men  as  to  what  they  should  be,  are 
omitted  in  the  Outlines,  not  because  of  the  lack  of  impor- 
tance of  either,  but  because  the  pupil  is  so  apt  to  confuse 


vii 

what  was  and  what  should  be  with  what  is  that  no  clear 
picture  of  the  actual  is  left.  By  placing  the  historical 
and  theoretical  matter  as  supplementary  reading  the  diffi- 
culty will  perhaps  be  lessened. 

Readings  are  suggested  from  Bryce's  " American  Com- 
monwealth," Wilson's  "The  State,"  Johns  Hopkins 
University  Studies,  Nordhoff's  "Politics  for  Young 
Americans,"  White's  "Money  and  Banking,"  and  espe- 
cially Ashley's  "The  State,"  Hart's  "Actual  Govern- 
ment" and  Willard's  "City  Government  for  Young  Peo- 
ple." Material  for  the  topics  under  Federal  Government 
may  be  gleaned  from  most  school  histories. 

If  the  three  difficulties  with  which  the  writer  has  met 
in  teaching  Civil  Government — accounts  in  technical 
language  natural  to  the  learned  author  but  far  above  the 
heads  of  pupils,  lack  of  convenient  topical  summary  for 
the  teacher,  general  admixture  of  historical,  theoretical 
and  actual,  resulting  in  an  indistinct  picture  in  the 
student's  mind  of  what  is — are  lessened;  if  the  personal 
investigation  suggested  should  relieve  the  "dryness"  of 
Civil  Government,  this  work  of  a  fellow-teacher  will  not 
be  wasted. 


«PART  I 

LOCAL  GOVERNMENT 


RECITATION    OUTLINE— CHAPTER  I 

LOCAL  GOVERNMENT 
FORMS  OF  GOVERNMENT. 

How  local  government  is  administered: — 
I.      By  township  in  New  England. 
II.      By  county  in  South. 

III.      By  township  and  county  in  the  Middle  Atlantic 
and  Western  States. 

1.     TOWNSHIP  SYSTEM  IN  NEW  ENGLAND. 

1.  Origin  of  township  system  in  New  England. 

2.  Present  relation  of  township  to  county  and  state. 

3.  Township  defined. 

4.  Election. 

(1)  Time. 

(2)  Caucus. 

(3)  Registration  of  voters. 

(4)  Warrant. 

(5)  Town  meeting. 

(a)  How  opened. 

(b)  Moderator. 

(c)  Debate. 

(d)  Measures. 

(e)  Voting. 

(f)  Canvassing  the  vote. 

(g)  Plurality  or  majority  vote. 


OTTLTXES,  OF    CIVIL    GOVERNMENT 

5.    Town  officers. 

(1)  Selectmen. 

(2)  Town  Clerk. 

(3)  Treasurer. 

(4)  Auditor. 

(5)  Highway    Surveyor     or     Road    Commis- 

sioners. 

(6)  Assessors  of  taxes.      See  ic  Taxation." 

(7)  Collector  of  taxes.      See ''Taxation." 
Taxation: 

By  U.  S.  Government. 
Kinds, — (a)   Indirect. 

By  local  governments, 
(b)   Direct. 
Personal. 

f  Personal. 
Property     \ 

I  Real  estate. 

Exemptions. 

Object. 

How  assessed. 

Assessors. 

Collectors. 

(8)  Overseer    of    Poor.      (See    Poor    and    Un- 

fortunate.) 
Poor  and  Unfortunate. 

(a)  Duty  of  Overseer. 

(b)  Partial  support. 

(c)  Entire  support. 

(d)  Insane. 

(e)  Reform  schools. 

(f)  Soldiers,  sailors. 


OUTLINES    OF   CIVIL    GOVERNMENT  3 

(9)   School  committee  (supervisors,  board 
of  education,  under  Schools). 
Schools. 

1.  District  system. 

2.  Town  system. 

3.  Course  of  study. 

4.  Support. 

FORMS  OF  GOVERNMENT. 

We  live  under  three  forms  of  government  at  least, 
usually  under  four, — township  or  city,  county,  state,  and 
Federal  Government.*  We  so  seldom  come  in  contact 
with  state  and  Federal  Government  it  is  better  to  begin 
with  the  study  of  local  governments — township  or  city  and 
county — which  deal  with  matters  concerning  our  every- 
day life. 

How  LOCAL  GOVERNMENT  is  ADMINISTERED. 

Local  government  in  the  United  States  is  administered 
in  three  ways:  first,  by  the  township  as  in  the  New  Eng- 
land States,  where  the  county  is  of  less  importance; 
second,  by  the  county,  as  in  Alabama  and  other  Southern 
states,  where  the  township  as  a  unit  of  government  is 
.almost  unknown;  third,  by  township  and  county  together, 
as  in  the  Middle  Atlantic  group  and  the  Western  States. 

*  In  some  parts  of  the  South  and  West  there  are  no  townships. 


CHAPTER    I 

THE    TOWNSHIP    IN    NEW    ENGLAND 

1.  ORIGIN  OF  THE  TOWNSHIP*  SYSTEM  iNfc  NEW  ENG- 

LAND. 

The  first  settlers  of  New  England  made  their  homes 
close  together  because  they  dared  not  separate  for  fear  of 
hostile  Indians;  they  wished  to  be  near  their  church  for 
which  they  braved  the  wilderness,  and  the  land  was  un- 
suited  to  cultivation  in  large  estates  as  in  the  South.  In 
time  the  towns  united  for  common  defence  or  convenience, 
delegating  a  part  of  their  powers  to  those  wider  govern- 
ments of  county  and  state  which  they,  formed,  but  never 
losing  prominence  in  the  control  of  local  affairs. 

2.  PRESENT  RELATION  OF  TOWNSHIP  TO  COUNTY  AND 

STATE. 

The  township  is  a  part  of  county  as  well  as  state,  and 
shares  in  maintaining  both  by  a  tax  assessed  by  each 
government  but  collected  by  the  township.  It  is  under 
little  control  of  the  county,  but  is  wholly  subordinate  to 
the  state.  The  township  (also  county)  has  no  sovereignty, 
or  right  of  rule  in  itself;  the  state  grants  it,  as  state  agent, 
power  of  local  self-government. 

3.  TOWNSHIP  DEFINED. 

In  defining  township  we  must  take  into  account  the 
land,  the  people  and  the  township  in  its  corporate 
capacity. 

*  Words  township  and  towa  are  used  interchangeably  in  New 
England,  meaning  th«  entire  area;  elsewhere  town  is  applied  to 
the  thickly  settled  portion  of  the  township  or  area. 


OUTLINES   OF   CIVIL   GOVERNMENT  5 

The  townships  of  New  England  vary  in  shape  and  size 
according  to  grants  of  land  made  the  first  settlers.  The 
township  includes  not  only  the  land  but  its  people  who 
have  the  right  of  governing  themselves,  although  every 
one  at  will*may  not  direct  affairs.  Since  a  township  may 
own  and  control  property,  make  contracts,  sue  and  be  sued 
at  law — all  of  which  are  privileges  belonging  to  a  corpo- 
ration * — it  may  be  regarded  in  a  corporate  capacity 
whether  actually  incorporated  or  not.  As  a  public  cor- 
poration it  must. elect  its  responsible  agents  to  carry  on  its 
business,  just  as  a  private  corporation,  a  railway,  for 
example,  employs  a  general  superintendent  to  oversee  the 
work. 

4.     ELECTIONS. 

(1)  Time. 

To  elect  these  town  officers  and  to  transact  town 
business  there  is  an  annual  town  meeting,  the  time 
of  year  varying  in  different  states;  special  sessions 
are  called  when  necessary. 

(2)  Caucus  or  Primary. 

The  political  parties  of  the  town  hold  preliminary 
meetings  at  which  they  nominate  candidates  for 
town  officers. 

(3)  Registration  of  voters. 

The  qualified  voter  must  be  sure  that  his  name  is 
upon  the  list  of  voters  (check  list)  prepared  by  cer- 
tain officers  and  posted  in  some  public  place. 

*  Define  corporation.  The  sq&allest  unit  of  local  government  is 
the  school  district.  When  a  number  of  people  settle  in  a  portion 
of  the  township  they  may  form  an  incorporated  village,  fire  dis- 
trict or  borough  before  becoming  a  city.  They  have  their  own 
government  apart  from  the  township. 


OUTLINES   OF   CIVIL   GOVERNMENT 

(4)  Warrant. 

At  least  ten  days  before  the  meeting  a  warrant 
stating  the  matters  to  be  voted  upon,  the  time  and 
place  of  the  meeting,  is  issued  by  the  selectmen,  in 
such  a  way  that  it  is  brought  to  the  notice  of  the 
people.  It  may  be  posted  where  the  people  will 
see  it  or  printed  in  the  local  paper. 

(5)  Town  meeting. 

(a)  How  opened. 

(b)  Moderator. 

The  town  clerk  calls  the  meeting  to  order, 
reads  the  warrant  and  presides  until  a 
moderator  is  chosen  to  take  his  place  as 
presiding  officer. 

(c)  Debate. 

There  is  freedom  to  talk  over  the  proposed 
measures  for  the  coming  year  and  to  criti- 
cise the  reports  (town  reports)  submitted 
by  last  year's  officers. 

(d)  Measures. 

These  reports  are  accepted;  town  officers 
are  elected;  the  amount  of  taxes  to  be 
raised  for  schools,  highways,  the  poor  and 
other  town  expenses  is  decided,  by-laws* 
or  ordinances  relating  to  town  government 
are  passed. 


*  By  from  Saxon  word  meaning  town  ;    then  by-laws  are   town 
laws. 


OUTLINES   OF   CIVIL   GOVERNMENT  7 

(e)  Voting. 

Each  party  at  its  caucas  has  prepared  its 
ticket  or  list  of  candidates,  or  there  may 
have  been  a  fusion  ticket  of  candidates 
from  the  different  parties.  The  voter  makes 
his  choice  by  marking  these  ballots.  By 
the  Australian  system,  or  its  modifications 
in  use  in  New  England,  the  voter  has  a 
right  to  secrecy  in  voting.  As  each  man 
deposits  his  ballot  his  name  is  marked  (or 
checked)  upon  the  check  list  by  officers  in 
charge. 

(f)  Canvassing  (counting)  the  votes. 

The  number  of  votes  counted  at  the  close  of 
the  day  should  correspond  with  the  number 
of  names  marked  upon  the  check  list.  Cer- 
tain officers  prepare  a  list  of  names  of  can- 
didates with  the  number  of  votes  each  has 
received.  If  it  is  a  county  and  state  elec- 
tion, also,  lists  are  sent  to  county  and  state 
officials. 

(g)  Plurality  or  majority. 

Most  candidates  are  elected  by  a  plurality 
vote:  that  is,  if  Cook  has  650  votes,  Shaw 
600  and  Smith  500,  Cook  is  elected  by  a 
plurality  of  fifty  votes.  If  a  majority  vote 
were  necessary  no  one  would  have  been 
elected  for  650  is  not  a  majority — one  over 
half  of  the  total  number — of  votes  cast. 

/650+600+500     Q«  ,  .  \ 

( *—„—       — =870+1=876,  majority.  ) 

\  J 


8  OUTLINES   OF  CIVIL  GOVERNMENT 

5.     TOWN  OFFICERS. 

(1)  Selectmen. 

The  selectmen  (select  men) — three,  five,  seven 
or  nine  in  number — call  town  meetings,  take  charge 
of  town  property,  make  purchases  or  sales  authorized 
by  the  town,  represent  the  town  in  any  suit  at  law, 
grant  licenses,  lay  out  roads,  provide  for  sanitary 
measures,  sometimes  act  as  overseers  of  the  town 
poor,  or  assessors  of  taxes, — in  short  care  for  local 
interests. 

(2)  Town  clerk. 

The  town  clerk  keeps  a  record  of  the  proceedings 
of  town  meeting,  administers  the  oath  of  office  to 
town  officers,  registers  births,  deaths  and  marriages, 
issues  marriage  certificates  and  burial  permits, 
draws  the  list  of  jurors  *  and  makes  necessary  returns 
(reports)  to  county  and  state  officials. 

(3)  Treasurer. 

(4)  Auditor^ 

The  treasurer  receives  and  pays  out  all  town 
money  by  order  of  other  town  officers.  His  accounts 
must  correspond  with  theirs  at  the  close  of  the  year 
when  they  are  audited  (examined  and  verified)  by  an 
auditor  or  the  selectmen  in  that  capacity. 

(5)  Highway  surveyor. 

Highway  surveyor,  or  road  commissioner,  takes 
care  of  roads.  Some  towns  are  subdivided  into 
districts  with  a  surveyor  for  each  district,  but  this 
leads  to  so  much  waste  through  ill-directed  labor 
that  the  public  generally  prefers  one  or  more  respon- 

*  Sometimes  the  selectmen  do  this. 


OUTLINES   OF   CIVIL   GOVERNMENT  9 

sible  commissioners  in  charge  of  all  the  roads  of  a 
town.  In  farming  communities  people  are  often 
permitted  to  work  out  a  part  or  the  whole  of  their 
road  tax  instead  of  paying  the  money. 

(6)  Assessors  of  Taxes.      (See  Taxation.) 

(7)  Collector  of  Taxes.      (See  Taxation.) 

TAXATION. 

Taxation   is   of   two  kinds:    (a)  indirect  and   (b) 
direct. 

(a)  Indirect  taxation.  * 

An  indirect  tax  is  a  sum  of  money  demanded 
by  the  government  upon  goods  brought  into 
the  country,  or  upon  the  manufacture  of 
certain  goods,  or  upon  certain  occupations 
or  possessions. 

By  the  Federal  Government.  The  Federal 
Government  collects  (1)  customs,  or  taxes 
on  imported  goods ;  (2)  internal  revenue,  or 
taxes  on  certain  luxuries  produced  in  the 
country,  as  cigars,  liquors;  a  tax  on  cor- 
porations. 

By  local  governments.  Local  governments 
collect  such  indirect  taxes  (1)  as  licenses 
- — for  keeping  dogs,  peddling,  hotel  keep- 
ing, selling  tobacco  or  liquor? ;  (2)  fines 
imposed  for  violation  of  certain  laws,  often 
those  restricting  the  sale  of  liquors. 

(b)  Direct  taxation. 

Direct  taxes  may  be  divided  into  two  classes: 
(1)  personal  and  (2)  property  tax. 


10  OUTLINES   OF   CIVIL   GOVERNMENT 

(1)  Poll  tax. 

The  personal  tax,  or  poll  tax,  is  that 
paid  by  the  male  citizen  twenty- 
one  years  of  age.  In  some  states 
its  payment  is  a  necessary  qualifi- 
cation for  voting. 

(2)  Property  tax. 

The  property  tax  is:  first,   that  laid 

/  upon  real  estate  (houses  and  lands) 

collected  in  the  town  in  which  it 
lies  whether  the  owner  lives  there 
or  not ;  second,  that  on  every  other 
sort  of  property  (not  exempted), — 
as  money,  stocks,  bonds,  furniture, 
books,  tools,  machinery,  animals, — 
almost  anything  that  may  be  moved 
about.  This  tax  is  collected  in  the 
town  in  which  a  man  has  his  legal 
residence — i.  e.,  the  place  where 
he  votes — though  some  forms  of 
his  personal  property  as  bonds  or 
stock  may  be  elsewhere. 

EXEMPTIONS. 

That  taxation  may  not  bear  too  heavily  on  working 
people^  mechanics'  tools  and  farming  implements  are  not 
taxed.  United  States  bonds  are  not  taxed.  Public  prop- 
erty, churches,  charitable  institutions,  often  college  build- 
ings, private  school  property,  new  industries  which  are  of 
benefit  to  the  town,  are  partially  or  wholly  free  from 
taxation. 


OUTLINES   OF   CIVIL   GOVERNMENT  11 

OBJECT. 

Taxes  collected  by  the  town  are:  first,  a  considerable 
sum  for  town  expenses,  then  much  smaller  sums,  demanded 
as  the  town's  share  for  the  support  of  county  and  state 
governments. 

How  ASSESSED. 

In  the  New  England  States  the  people  are  asked  to 
make  a  report  to  the  selectmen  of  the  value  of  their  taxa- 
ble property,  usually  by  answering  a  printed  list  of  ques- 
tions. There  is  no  temptation  for  the  owner  to  cheat 
about  his  real  estate  since  the  assessors  know  its  value, 
but  he  may  report  a  much  lower  estimate  of  some  forms 
of  his  personal  property — stock,  bonds,  money — if  he 
choose,  since  he  alone  knows  the  true  amount. 

Assessors — sometimes  the  selectmen  in  that  capacity — 
decide  upon  the  value  of  each  citizen's  property  by  means 
of  these  reports  and  by  personal  inspection.  The  appraisal 
is  made  as  fairly  to  each  tax  payer  as  possible,  usually  at 
what  the  property  would  bring  at  a  forced  sale;  not  too 
high  lest  the  town  pay  more  than  its  share  of  county  and 
state  taxes.*  The  amount  to  be  raised  determines  the 
rate;  three  per  cent  would  be  an  excessive  rate. 

COLLECTOR. 

A  collector  gathers  the  taxes  thus  assessed  within  a 
certain  time,  in  some  places  discount  being  allowed  for 
prompt  payment.  Property  on  which  the  tax  is  not  paid 
may  be  sold  at  a  tax  sale  the  owner  receives  the  money  it 
brings  less  the  tax  and  costs.  The  collector  is  under 
heavy  bonds,  a  safeguard  of  his  honesty. 

*  See  County  Commissioners  as  equalizing  board,  also  Comp- 
troller of  State.      Part  I,  p.  17. 


12  OUTLINES   OF   CIVIL   GOVERNMENT 

(8)  Overseer  of  Poor.      (See  Poor  and  Unfortunate.) 
POOR  AND  UNFORTUNATE. 

(a)  Overseer  of  Poor  looks  after  the  needy  of  the 

town,  finds  out  if  they  have  a  right  to  town 
support  or  if  the  county  may  be  called  upon 
to  help  or  to  relieve  them  entirely. 

(b)  Partial  or  (c)  entire  support. 

Aid  may  be  given  in  the  homes  of  the  deserv- 
ing poor;  or  their  support  wholly  provided 
for  at  the  town  or  county  farm — when  towns 
unite  to  maintain  a  county  farm  instead  of 
separate  town  farms — or  their  board  may 
be  paid  in  some  family. 

(d)  Insane. 

The  hopelessly  insane  are  cared  for  at  town 
or  county  farms  or  at  a  state  asylum. 

(e)  Reform  schools. 

Reform  schools,  maintained  by  the  state  as  a 
place  of  detention  for  vicious  or  criminal 
youths,  aim  to  teach  and  reform,  these 
young  people. 

(f)  Soldiers,  sailors. 

The  Federal  Government  provides  homes  and 
hospitals  for  disabled  soldiers  and  sailors; 
also  an  asylum  for  insane  soldiers,  at 
Washington. 

(9)  School  committee  or  board  of  education. 

SCHOOLS. 

In  New  England  there  are  two  systems  of  school  admin- 
istration,— the  older  district  system,  which  has  almost 
entirely  given  place  to  the  more  modern  town  system. 


OUTLINES   OF   CIVIL   GOVERNMENT  13 

1.  DISTRICT  SYSTEM. 

Under  the  district  system  the  town  is  subdivided  into 
school  districts,  each  of  which  votes  its  taxes  for  school 
support,  elects  its  committee  who  hires  the  teacher  and 
attends  to  the  material  needs  of  the  school.  Usually  a 
town  superintendent  supervises  the  work  of  each  school. 

2.  TOWN  SYSTEM. 

The  voters  of  the  township  at  a  special  school  meeting, 
or  at  the  town  meeting,  elect  three  (or  some  multiple  of 
three)  members  of  a  board  of  education  *  who  have  the 
care  of  school  property  and  the  direction  of  schools 
throughout  town.  There  may  be  schools  in  the  various 
districts  of  town  or  a  central  school,  to  and  from  which 
pupils  from  the  remote  parts  are  carried  free  of  charge. 
Often  a  superintendent  is  appointed  by  the  board  of  edu- 
cation to  do  a  part  of  their  work, — as  hiring  teachers,  test- 
ing their  qualifications,  aiding  them  in  discipline,  visiting 
schools,  providing  uniform  course  of  study,  deciding  upon 
text-books,  and  ordering  supplies  when  the  town  is  obliged 
to  furnish  free  text-books.  Small  towns  often  unite  to 
employ  a  superintendent. 

3.  COURSE  OF  STUDY. 

The  town  provides  a  grammar  school  course  for  its 
pupils.  In  most  of  the  New  England  States  if  a  town 
does  not  maintain  a  high  school  it  must  pay  the  tuition  of 
pupils  who  wish  to  attend  a  high  school  elsewhere. 

*  Called  by  different  names,  as  directors,  trustees,  committee, 
etc. 


14  OUTLINES   OF   CIVIL   GOVERNMENT 

4.     SUPPORT. 

Besides  the  tax  raised  by  the  town  for  the  support  of 
schools  the  state  contributes  from  a  fund  set  apart  for  that 
purpose, — perhaps  from  rental  or  sale  of  public  lands,  or 
from  certain  licenses  or  fines. 

(10)  Justice  of  Peace. 

Justice  of  Peace  usually  receives  his  appointment  from 
the  governor.  He  tries  minor,  civil  and  criminal  cases, 
and,  what  is  more  important,  he  examines  those  accused 
of  serious  crimes  and  orders  their  detention  until  they 
can  be  tried  before  a  higher  court.  (See  State  Judiciary.) 

(11)  Constables. 

Constables  are  those  officers  who  carry  out  sentence 
pronounced  by  the  justice  of  peace  in  his  court,  make 
arrests  for  disturbances  of  public  order  or  violations  of 
town  ordinances. 


OUTLINES   OF   CIVIL   GOVERNMENT  15 


RECITATION  OUTLINE— CHAPTER  II 

The  Township  System  of  Neiv  Rngland  continued 
THE    NEW    ENGLAND    COUNTY 

1.  Described. 

2.  Shire  town. 

3.  Election  of  Officers. 

4.  Commissioners: — 

(1)  As  an  equalizing  board. 

(2)  The  state  equalizing  board. 

5.  Treasurer. 

6.  Auditor. 

7.  Coroner. 

8.  Overseer  of  Poor. 

9.  County  Superintendent  of  Schools. 

10.  Judges  of  Courts. 
(Court  Officers.) 

11.  Sheriff. 

12.  District  Attorney. 

13.  County  Clerk  or  Clerk  of  Court,  or 

(1)  Register  of  Deeds. 

(2)  Register  of  Probate. 


CHAPTER  II 
The  Toivnship  System  of  New  Rn gland  continued 

THE  NEW  ENGLAND  COUNTY 

1.  DESCRIBED. 

The  New  England  county  is  an  area  embracing  few  or 
many  townships  without  regard  to  its  geographical  out- 
line. As  the  early  towns  grew  they  found  it  best  to  unite 
into  a  district  for  the  administration  of  justice,  for  the 
support  of  the  poor,  for  the  maintenance  of  roads  and 
bridges  between  towns;  its  chief  importance  in  New 
England,  however,  is  as  a  judicial  district. 

2.  SHIRE  TOWN. 

The  shire  town  of  the  county  is  that  in  which  the  county 
court  holds  its  sessions.  Here  are  located  the  courthouse, 
jail,  and  often  the  county  farm. 

3.  ELECTION  OF  OFFICERS. 

Some  officers  are  elected  by  the  people — through  town 
meetings — others  are  appointed  to  office. 

4.  COMMISSIONERS. 

Usually  three  commissioners,  elected  for  three  years, 
one  retiring  at  the  close  of  each  year,  are  the  chief  admin- 
istrative officers,  doing  for  the  county  what  the  selectmen 
do  for  the  town.  They  represent  it  in  suits  of  law,  take 
charge  of  its  property, — courthouse,  jail,  poorhouse, — 
have  care  of  inter-town  roads  and  bridges,  apportion  the 
county  taxes  among  the  towns. 


OUTLINES    OF   CIVIL   GOVERNMENT  17 

(1)  Commissioners  as  an  equalizing  board. 

In  making  returns  to  the  county  commissioners  some 
towns  estimate  the  value  of  their  taxable  property  much 
lower  than  others.  The  commissioners  act  as  an  equaliz- 
ing board,  selecting  one  standard  of  value  and  appraising 
the  property  of  all  the  towns  by  that,  so  that  each  town 
shall  bear  its  just  share  of  county  expense. 

(2)  State  equalizing  board. 

The  counties  in  turn  are  assigned  their  due  share  of 
state  tax  by  a  state  equalizing  board  or  the  state  controller. 
This  tax  is  divided  among  the  towns  of  the  county.  As 
already  stated,  the  towns  collect  the  three  taxes, — town, 
county  and  state. 

5.  TREASURER. 

Receives  and  pays  out  the  money  of  the  county. 

6.  AUDITOR. 
Audits  all  accounts. 

7.  CORONER. 

Investigates  any  sudden  or  mysterious  death.  He  holds 
a  coroner's  inquest  by  selecting  a  jury  and  calling  before 
it  witnesses  who  know  the  circumstances  of  the  death. 

8.  OVERSEER  OF  POOR. 

Has  charge  of  matters  relating  to  relief  of  county  poor. 

9.  COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

There  is  in  some  states  a  county  superintendent  of 
schools. 

10.  JUDGES  OF  COURTS. 

Judges    of    county    courts    move    from    one    county   to 


18  OUTLINES   OF   CIVIL   GOVERNMENT 

another,  usually,  but  there  are  certain  court  officers  who 
reside  in  each  county. 
(Court  officers) : — 

11.  SHERIFF. 

Is  elected  by  the  people,  generally  for  a  term  of  years; 
he  appoints  his  deputies  or  assistants.  As  court  officer 
he  or  his  deputies  must  attend  all  county  courts  to  carry 
out  their  commands;  he  has  charge  of  prisoners  within 
the  jail.  As  a  county  administrative  officer  he  is  respon- 
sible for  order  throughout  its  limits  and  may  arrest  dis- 
turbers of  the  peace.  If  the  arrested  party  resist  him  he 
may  call  to  his  aid  any  citizen  or  the  state  militia  by 
applying  to  the  governor. 

12.  DISTRICT  ATTORNEY  OR  COUNTY  SOLICITOR. 

Is  the  lawyer  who  acts  for  the  county  in  any  civil  suit 
in  which  it  has  part,  or  prosecutes  the  criminals  in  behalf 
of  the  state  for  crime  committed  in  the  county.  He  also 
gives  his  opinion  to  the  county  officers  on  questions  of 
law. 

13.  COUNTY  CLERK. 

Keeps  a  record  of  county  transactions;  he  records  deeds 
and  mortgages  of  real  estate  in  the  county;  as  clerk  of 
court  (County,  District,  Circuit)  he  records  all  decisions 
of  civil,  criminal,  or  probate  cases.  Usually  this  work  is 
divided  among: — 

(1)  Register  of  deeds  who  records  deeds  and  mort- 

gages. 

(2)  Register   of    probate   who   records   wills    and 

legal  documents  connected  with  probate 
court.  (See  Courts  of  Record,  Part  II,  p. 
59.) 


OUTLINES   OF   CIVIL   GOVERNMENT  19 


RECITATION  OUTLINE— CHAPTER  III 

THE    COUNTY    SYSTEM    OF    THE    SOUTH 

1.  Described. 

2.  Officers. 

Work. 

How  elected. 

3.  List  of  officers. 

4.  Towns  of  the  South. 


CHAPTER  III 
THE  COUNTY  SYSTEM  OF  THE  SOUTH 

1.  ORIGIN  OF  THE  COUNTY  SYSTEM  IN  THE  SOUTH. 

The  early  settlers  of  the  South  found  the  land  well 
suited  to  agriculture.  They  held  large  estates  little  dis- 
turbed by  the  Indians  who  were  fewer  in  number  and  far 
more  friendly  than  those  of  the  North.  In  this  thinly 
settled  territory  it  was  natural  that  the  county  should  be 
the  organ  of  local  government.  In  time  towns  grew,  but 
the  familiar  county  system  remains  the  choice  of  the 
people. 

2.  VOTING  DISTRICTS. 

Since  the  county  is  too  large  to  elect  its  officers  by  a 
general  meeting  it  is  divided  into  voting  districts  (called 
parishes,  magisterial  districts,  precincts,  civil  districts, 
etc.).  The  free,  man-to-man  discussion  of  affairs  com- 
mon in  the  Northern  town  meeting  is  lacking  in  Southern 
elections. 

These  subdivisions  are  not  only  voting  districts  but 
serve  as  an  area  for  the  jurisdiction*  of  a  constable  and 
justice  of  the  peace.  The  division  is  made,  not  as  in  the 
case  of  the  Northern  township  by  the  state  legislature,  but 
by  the  county  itself. 

*  *".  e.,  An  area  over  which  each  has  his  proper  authority. 


OUTLINES   OF   CIVIL   GOVERNMENT  21 

3.  OFFICERS. 

County  officers  do  the  work  of  Northern  town  and 
county  officers,  in  those  states  which  have  not  adopted  the 
town  system.  They  are: — 

Board  of  County  Commissioners  (whose  duties  are 
those  of  Northern  selectmen  and  county  commissioners), 
treasurer,  auditor,  assessors,  collectors  (sometimes  the 
sheriff  collects  taxes),  overseer  of  poor,  of  roads,  superin- 
tendent of  education,  state's  attorney  (who  acts  for  several 
counties),  clerk,  sheriff,  coroner,  judges  of  courts,  etc. 
As  all  states  have  not  the  same  county  organization  this 
general  statement  may  not  apply  to  every  state. 

4.  TOWNS  OF  THE  SOUTH. 

The  Southern  county  is  becoming  somewhat  changed 
by  the  growth  of  towns  through  increase  in  manufacturing 
and  the  establishment  of  school  districts  which  in  time 
become  towns. 


22  OUTLINES   OF   CIVIL  GOVERNMENT 


RECITATION  OUTLINE— CHAPTER  IV 

MIXED    SYSTEM    OF    MIDDLE    ATLANTIC    AND  WESTERN 
STATES 

1.  Origin  of  mixed  system  in  Middle  Atlantic  States 

— Two  types. 

2.  Origin  of  mixed  system  in  West. 

3.  Townships. 

(1)  in  Middle  Atlantic  group  and  Middle  West. 

(2)  In  Northwest. 


CHAPTER  IV 

MIXED    SYSTEM    OF    MIDDLE    ATLANTIC  AND    WESTERN 
STATES 

1.  ORIGIN    OF    MIXED  SYSTEM    IN-  MIDDLE  ATLANTIC 

STATES. 

The  Middle  Atlantic  States,  lying  between  the  Northern 
and  Southern  colonies,  had  interest  both  in  trade,  through 
the  growth  of  towns  and  in  agriculture,  since  the  land 
was  productive.  There  developed  a  mixed  system  (the 
compromise  system)  of  government  in  which  town  and 
county  shared  more  equally  in  the  control  of  local  affairs 
than  in  North  or  South. 

Two  types.  New  York  with  the  town  meeting  of  its 
Northern  neighbors  and  a  county  board  of  supervisors 
(selectmen)  of  the  townships;  Pennsylvania  without  town 
meetings,  with  a  board  of  three  commissioners  elected 
from  the  county  at  large — the  townships  having  no  repre- 
sentation upon  the  county  board — are  the  two  types  which 
various  states  have  followed. 

2.  ORIGIN  OF  MIXED  SYSTEM  IN  THE  WEST. 

In  New  England  the  county  was  formed  for  the  con- 
venience of  the  towns  ;  in  the  West,  by  government  survey- 
the  county  preceded  the  township,  therefore  it  could  not 
lose  its  prominence.  The  early  settlers  who  came  from 
North  and  South  favored  the  system  which  seemed  best  to. 
them,  or  with  which  they  were  familiar  at  home;  hence 
the  same  compromise  as  in  the  Middle  Atlantic  States, — a 
mixed  system  of  town  and  county  government. 


24  OUTLINES   OF   CIVIL   GOVERNMENT 

Note* — Division  of  duties.  "When  townships  exist,  the  divi- 
sion of  duties  may  be  said  to  be  as  follows :  the  township  is  the 
area  for  the  administration  of  schools,  for  relief  of  poor  (unless 
by  popular  vote  that  function  is  given  to  the  county),  police, 
construction  and  maintenance  of  highways,  sanitation  ;  the  county 
is  an  area  for  the  administration  of  justice,  for  maintenance  of 
jails,  courthouses,  and  sometimes  poorhouses,  and  for  tax  equal- 
ization,," 

Note. — Supervisory  powers.  The  county  possesses  the  power 
to  create  a  township  or  change  its  boundaries,  also  true  of  the 
Southern  county  system  but  an  impossibility  in  the  New  England 
township  system.  The  county  commissioners  or  supervisors 
audit  town  accounts;  their  sanction  is  necessary  in  all  questions 
relating  to  the  assessment  and  collection  of  taxes  and  borrowing 
money  by  the  town. 

3.     TOWNSHIPS. 

(1)  In  Middle  Atlantic  group  and  Middle  West. 

In  New  York  a  single  supervisor,  who  is  treasurer  and 
general  financial  agent,  presides  over  each  township. 
The  supervisors  of  the  various  townships  meet  as  a  board 
of  county  supervisors.  There  are  other  town  officers  sim- 
ilar to  those  of  New  England,  elected  at  a  town  meeting. 

(2)  In  Northwest. 

In  Northwest  the  Federal  Government  had  the  land 
surveyed  before  many  settlers  came.  It  was  divided  into 
counties,  these  into  areas  six  miles  square  (36  square 
miles)  called  townships.  One  square  mile  (section,  or 
640  acres)  was  reserved  for  the  benefit  of  the  public 
schools  (survey  Part  III).  A  common  interest  in 
the  schools  drew  the  settlers  of  the  township  together  and 
there  grew  town  organizations  similar  to  those  of  New 
England.  The  selectmen  bear  the  name  of  supervisors; 
of  course  the  number  of  other  officers  varies  according  to 
the  preference  of  the  people  for  town  or  county  govern- 
ment. 


OUTLINES   OF  CIVIL   GOVERNMENT 


RECITATION   OUTLINE— CHAPTER  V 

CITY 

1.  Needs. 

2.  Incorporation. 

3.  Wards. 

4.  City  a  miniature  state. 

(1)  Legislative  department  of  City  Council. 

Members. 
Powers. 

(2)  Executive,  or  Administrative  department. 

(a)  Mayor. 

(b)  Other  officers. 

(c)  Political  influence  feared. 

(d)  Responsible  agents. 

(3)  Judiciary. 

(a)  Grades  of  courts. 

1.  Mayor's  court. 

2.  Superior  courts  of  record. 

3.  Supreme  courts. 

(b)  Judges. 


CHAPTER  V 
CITY 


1.     NEEDS. 


As  a  town  gains  in  population  it  is  inconvenient  to 
elect  officers  at  a  general  meeting,  other  needs  arise  from 
the  massing  of  many  people, — sidewalks,  paved  streets, 
water  supply,  drainage,  sanitary  precautions,  lighting, 
police,  etc. 

2.  INCORPORATION. 

To  meet  these  demands  a  different  form  of  government 
is  necessary  and  the  town  applies  to  the  state  legislature 
for  a  charter  as  incorporated  village,  incorporated  town, 
borough  or  city.  The  charter  in  each  case  names  the 
bounds  and  grants  certain  rights  and  privileges.  In 
several  states  when  a  town  reaches  a  certain  size  it  may 
become  incorporated  by  complying  with  the  conditions  of 
a  general  law  which  practically  'provides  its  form  of 
government.  Cities  vary  widely  in  their  municipal 
arrangements,  yet  in  all  we  find  the  three  departments  of 
government. 

3.  WARDS. 

To  provide  for  elections  and  representation  of  each 
section  in  its  City  Council,  the  city  is  divided  into  dis- 
tricts in  theory  as  nearly  equal  in  population  as  possible. 
The  qualified  voter  casts  his  vote  in  his  ward  at  the  poll- 
ing place,  presided  over  by  the  ward  clerk  or  other 
officers. 


OUTLINES   OF   CIVIL   GOVERNMENT  27 

4.     CITY  A  MINIATURE  STATE. 

A  city  may  be  likened  to  a  miniature  state  with  its  (1) 
legislative;  (2)  executive  (or  administrative),  and  (3)  judi- 
cial departments.  In  its  administrative  department,  the 
mayor  corresponds  to  the  governor,  some  advisory  boards 
which  he  appoints  to  the  governor's  council ;  in  the  legis- 
lative, the  councilors  and  aldermen,  to  the  state  legisla- 
ture; in  its  judicial,  the  judges  elected  by  the  people, 
to  the  state  judiciary. 

(1)  City  Council. 

Members. — The  legislative  department,  or  City  Council, 
often  consists  of  two  bodies, — the  councilors  representing 
the  wards,  and  a  smaller  number  of  aldermen,  sometimes 
elected  by  the  wards,  sometimes  by  the  vote  of  the  whole 
city  (by  general  ticket). 

Powers. — Ordinances  or  by-laws  relating  to  city  govern- 
ment, appropriation  of  money  for  necessary  expenses, 
granting  of  public  franchise  *  to  corporations,  as  street 
railways,  electric  lighting  companies,  etc.,  are  the  meas- 
ures passed  by  this  body. 

(2)  Executive  or  administrative  department. 

(a)  Mayor. 

Mayor  is  chief  administrative  officer,  elected 
by  direct  vote  of  people  for  one,  three  or 
five  years ;  he  provides  for  the  public  peace, 
quelling  riots  or  disturbances  by-  calling 
upon  state  militia  if  necessary  (by  applying 
to  the  governor) ;  he  appoints  many  impor- 

*  Certain  privileges  which  lead  to  supplying  some  public 
wants. 


28  OUTLINES   OF   CIVIL   GOVERNMENT 

tant  officers,  sometimes  alone,  sometimes 
with  consent  of  one  branch  of  the  Council. 
He  may  veto — forbid — ordinances  passed  by 
the  Council  but  often  a  two-thirds  vote  of 
each  branch  passes  the  bill  over  his  veto. 

(b)  Other  officers. 

Other  city  officers,  some  appointed,  some 
elected,  are — police,  board  of  education, 
commissioners  of  fire  department,  of  street 
department,  of  water  department,  city  phy- 
sician, treasurer,  clerk,  solicitor,  auditors, 
assessors,  collectors,  etc.* 

(c)  Political  influence  feared. 

In  most  cities  the  department  of  education  has 
no  connection  with  the  city  government;  an 
effort  is  also  made  to  keep  the  control  of 
police  appointment  out  of  the  hands  of  city 
politicians. 

(d)  Responsible  agents,  few  elective  officers, — the 

"Federal  plan." 

There  is  a  growing  tendency  to  lessen  the 
number  of  elective  officers  (a  "Short  Bal- 
lot") and  to  give  the  mayor  a  large  share 
in  appointing  heads  of  departments  that 
they  m.ay  be  directly  responsible  to  him, 
that  he  in  turn  may  be  held  answerable  to 
the  people  for  the  good  government  of  the 

*  For  a  fuller  account  of  the  work  a  city  does  through  various 
boards  or  commissions,  see  Outlines  for  pupil's  notebook,  pp. 
30-40.  Also  use  as  supplementary  reading  Willard's  "City  Gov- 
ernment for  Young  People." 


OUTLINES   OF   CIVIL   GOVERNMENT  29 

city.  There  has  been  so  much  waste  and 
corruption  in  city  councils  and  large  boards, 
where  the  blame  may  be  fixed  on  no  one, 
that  people  have  come  to  distrust  them.* 

(3)  City  Judiciary  (See  State  Judiciary,  Part  II,  p.  57). 

(a)  Grades  of  courts.      Some  cities,  as  Baltimore, 

have  the  three  grades  found  in  state  courts. 

1.  Mayor's  court    which  corresponds  to 

the  justice's  court  in  township. 

2.  Superior  courts,  or  courts  of  record. 

3.  Supreme  courts. 

(b)  Judges. 

Judges  are  usually  elected  by  the  people,  the 
qualifications,  term  and  salary  determined 
by  the  customs  of  the  state. 

*  Boston  has  a  new  charter  which  puts  in  force  the  plan  of 
electing  few  officers  and  holding  them  strictly  responsible  for 
good  government.  There  is  a  mayor  and  council  of  nine  coun- 
cilmen.  At  the  end  of  two  years  the  mayor  may  be  tl recalled/ ' 
if  unsatisfactory,  by  a  majority  vote.  Candidates  for  office 
receive  a  direct  nomination  by  the  signature  of  5,000  voters. 


SO  OUTLINES   OF   CIVIL   GOVERNMENT 

OUTLINE  FOR  PUPILS'  NOTEBOOKS 

TOWNSHIP,   INCORPORATED    TOWN 

HISTORICAL  OUTLINE 

Towns  of  our  Germanic  and  English  ancestors  (Green's 
"  History  of  English  People,"  Ch.  I). 

Origin    of    New  England    towns    (Bryce's    "  Common- 
wealth," Vol.  I.,  p.  589). 
Our  own  town : 

f  Time. 

Settlement     •<  First  settlers. 

(  Early  government. 

Growth. 

Industries. 

Town  (or  city)  in  the  wars. 
City  (same  as  under  township). 

POLITICAL  OUTLINE— TOWNSHIP 

I.     Township  in  corporate  capacity. 

If  incorporated,  date,  privileges. 
Property, — purchase,  sale,  care. 

II.     Elections. 

1.  Caucus  or  primary. 

How  called. 
Presiding  officer. 
What  was  done? 
Who  prepares  ballots  ? 

Note — By  use  of  this  outline,  write  description  of  conditions  in 
your  town.  For  historical  sketch  refer  to  early  town  records  in  the 
care  of  the  town  clerk,  or  to  local  histories  ;  the  records  give  many 
quaint  glimpses  of  the  past  if  one  has  patience  to  follow  them. 


OUTLINES   OF   CIVIL  GOVERNMENT  31 

2.  Registration  of  voters. 
Officers  in  charge. 
Time. 

Qualifications  of  male  voters. 
Qualifications  of  female  voters  (  ?) 

3 .  Warrant . 

Quote  two  articles  of  warrant. 
Officers  who  prepare  it. 
Officers  who  make  it  public. 
How  made  public? 
How  long  before  election? 

4.  Town  Meeting. 
Opening. 
Moderator. 
Measures. 

Officers  in  charge  of  balloting. 
Voting. 

System  used. 

j 

'1  Get  a  sample. 
Process  of  voting. 
Challenging  votes. 
Canvassing  votes. 
Officers  who  count. 
Time,  place. 
Recount. 

Election  by  majority. 
Election  by  plurality. 
Votes  for  county  officers  (?) 


,  How  printed? 
Ballots  or  tickets/ 


32  OUTLINES   OF   CIVIL   GOVERNMENT 

Votes  for  state  officers  (?) 
Hold  a  town  meeting. 
Why  a  democracy? 

III.     Town  officers. 

1.  Selectmen  (Supervisors,  Trustees,  etc.). 

2.  Treasurer. 

3.  Clerk. 

4.  Auditor. 

5.  Road  Commissioner  or  overseer  (under). 
Care  of  Roads. 

(a)  Township  one  district  with 

One  overseer  or  commissioner. 
Board  of  commissioners. 

(b)  Township  divided  into  districts. 
Overseer  for  each  district. 

f  by  money. 
Payment  of  tax  j  .  J 

(  by  work. 

Importance  of  good  roads. 
Suggestion  for  improvement. 

6.  Assessors  of  Taxes  )       *. 

^^.n  r  m          r  under  Taxation. 

7.  Collectors  of  Taxes  ) 

TAXATION 

Needs  of  taxation. 

1.      (Support  of  what?) 
2. 

Town  3. 
4. 
5. 
6. 


OUTLINES   OF   CIVIL   GOVERNMENT 


1.      (Support  of  what?) 

2. 
County    3. 

4. 

5. 

1.      (Support  of  what?) 

2. 
State        3. 

4. 

5. 

6. 

Kinds  of  taxes. 
Direct. 

(  Real  estate. 
Resources       <  Personal  property. 

I  Poll  tax. 
Indirect, — licenses,  fines. 


Exemptions 


Assessment 


Collection 


f  Who  makes  exemptions  ? 
1  Reasons  for  exemptions. 

Assessors. 

Time. 

Method  of  assessment. 

Rate, — how  found? 

Find  a  persons  tax. 
I  Get  a  tax  bill. 

Collectors. 

Time  (discount?  interest?) 

Describe  a  tax  sale,  tax  deed. 

How    may    such     property    be 
redeemed? 

Tax  "dodging/' 

Who  collects  licenses  ?  fines  ? 


34  OUTLINES   OF   CIVIL   GOVERNMENT 

8.  Overseer  of  poor  (under). 
Aid  to  Poor  and  Unfortunate. 

Overseer  of  poor — duties. 
Who  is  entitled  to  aid? 
How  are  others  provided  for? 
What  relatives  must  give  aid? 
Partial  aid. 
Support  by  town 

At  town  farm  or  almshouse. 

At  county  farm. 

Board  paid  elsewhere. 
Separation  of  classes. 

Young,  old,  insane,  etc. 
Care  of  insane 

At  town  or  county  farm. 

At  state  asylum. 
Reform  schools. 

Location. 

Object. 

Support. 

Homes  for  feeble  minded,  blind,  old  people. 
Federal  aid. 

Soldiers'  homes. 

Sailors'  homes. 
Hospitals,  other  institutions, — public,  private. 

9.  School  committee  or  board  of  education. 

(Under  Schools.) 

SCHOOLS 

Township  system. 

District  system. 

Support, — town  tax,  other  funds. 


OUTLINES   OF   CIVIL  GOVERNMENT  35 

Board  of  Education  (Committee,  Supervisors). 

Number,  how  elected,  term. 

Work. 

Supervising  schools. 
Care  of  property. 
Supplies  furnished  (?) 

Superintendent, — election,  duties. 
County  Superintendent  (?) 

Election,  duties. 
State  Superintendent. 

Election,  term,  duties. 
State  Institutions. 

How  supported? 
State  Normal  Schools. 

Location,  object. 
State  Agricultural  College. 

Location,  object. 

Experiment  station  connected  (?) 

(Supported  by  United  States  Government.) 
State  University. 

Location,  object. 
Federal  Schools. 

For  Indians. 

At  military  posts. 

Military  academy. 

Naval  academy. 

Signal  service. 

Deaf,  dumb,  blind. 

10.  Constable,  duties,  differ  from  police  how? 

11.  Other  officers,  boards  or  commissions. 


36  OUTLINES   OF   CIVIL   GOVERNMENT 

IV.     Administration  of  Justice. 
Justice  of  Peace, 
Commission, 
Duties. 

Cases  tried  (ex) . 
Cases  appealed  (ex). 


POLITICAL    OUTLINE— CITY 
I.     City  as  a  corporation. 

f  When  granted  ? 

By  general  or  special  law? 
Charter  ^      J.  te 

Privileges. 

I   Municipal  home  rule  (  ?) 
Property, — purchase,  sale,  care. 
Wards,  number,  purpose. 

II.     Elections. 

1.  (Same  as  under  township.)       Direct  primary  (?) 

2.  (Same  as  under  township.) 

3.  (Same  as  under  township.) 

4.  Polling  places. 

Officers  in  charge. 

Measures. 

(Same  as  under  township.) 
Voting  (same  as  under  township). 
Canvassing  votes  (same  as  under  township). 
Bond  or  charter  elections. 
64  Initiative,"  "Referendum/'  "Recall." 


OUTLINES   OF   CIVIL   GOVERNMENT  37 

III.  Legislative  department  or 

(  Aldermen. 
1.  Common  Council  -<  ~ 

(.  Councilors. 

Number. 
Election. 
Term. 

I    Ordinances. 

J    Raising  money. 

I    Spending  money. 

[  Franchises. 

IV.  Executive  Department. 

1.  Mayor. 

Election. 
Term. 

Responsible  head. 

Appointive  power. 
Duties  4    __** 

Message. 

Veto. 

2.  Officers  of  Commissions  to  carry  on  work  of  city. 

(a)  Financial  work. 

Auditor  or  controller  (to  estimate  city  expense) . 

Treasurer. 

Clerk. 

Attorney. 

Assessors    ) 

•~  lt  Y  under  Taxation. 

Collectors   ) 

TAXATION 

(Same  as  under  township.) 
City's  debt,  bonds.     Sinking  fund. 

(b)  Aid  to  Poor  and  Unfortunate. 
(Same  as  under  township.) 

(c)  Educational  work. 


38  OUTLINES   OF   CIVIL   GOVERNMENT 

SCHOOLS 

(Same  as  under  township.) 
(d)   Protection. 

-r-,.       ,  f  Commission  (?) 

Fire  department  _.  ,-x 

„  ,.       i  j  Election  (?) 

Police  department  ^ 


Building  Inspector 
Control  of  saloons 


Appointment  (?) 
Public  peace. 


Laws  enforced. 
Board  of  health. 

Sanitary  regulations. 

(e)  Recreation. 

Commissioners  of 
Parks, 
Playgrounds,  etc. 

(f)  Public  Works.  * 

Commissioner. 

City  Engineer. 

Care  of  streets. 

Cleaning. 

o  » 

Paving,  etc. 
Sewers,  other  piping. 
Poles  and  wires. 
Construction  of  city  buildings,  etc. 

(g)  Public  Utilities. 

Boards  or   commission    if    operated   by  city. 

Usually    carried    on    by    a    corporation    or 

company. 
Waterworks. 
Street  lighting. 
Docks,  ferries. 
Markets. 
Street  railways, 
(h)    Other  officers  or  boards. 


OUTLINES   OF   CIVIL  GOVERNMENT  39 

V.     Administration  of  Justice» 
Grades  of  courts. 

1.  Police  court;  probation  court  (?) 

2.  Court  of  record  (?) 

3.  Supreme  court  (?) 
Judges,  term,  election. 


OUTLINE    FOR   PUPILS'    NOTEBOOKS 

THE    COUNTY 

HISTORICAL   OUTLINE 

Development  of  old  English  County. 

Clan  or  u  gathering  of  the  host." 

Hundred, — "moot,"  "reeve,"  "  hue-and-cry." 

Shire, — shire-reeve  or  sheriff. 

Norman  county, — u  crowner"  or  coroner. 

Trial  by  ordeal,  by  battle,  by  "  recognitors  "  or  jury. 
Origin  of  Southern  county  system. 

(Bryce's  "American  Commonwealth,"  Vol.  I,  p.  590.) 
Origin  of  mixed  system  as  in  Middle  Atlantic  and  Western 

States  (as  above,  p.  593). 
Our  county. 

Type, — New  England  ?  Southern  ?  Western  ? 

Early  history. 

Area  and  shape. 

Shire  town. 

Property. 


40  OUTLINES   OF   CIVIL   GOVERNMENT 

POLITICAL    OUTLINE 

County. 
Its  officers. 

Commissioners. 
Treasurer. 
Auditor. 
Clerk. 
Sheriff. 
Other  officers. 
Courts   (second  grade,  called  district,  circuit    or  county 

court) . 
Court  officers. 

Judges,  clerk,  register  of  deeds,  of  probate,  attorney, 
etc. 


«PART  II 

STATE   AND    TERRITORIAL   GOVERNMENT 


OUTLINES   OF   CIVIL  GOVERNMENT  43 

RECITATION    OUTLINE— CHAPTER  VI 

THE    STATE  :    CONSTITUTION  ;    POWERS 

I.      Constitution. 

1.  Described. 

2.  How  framed. 

3.  Amendment. 

II.     Relation  of  state  to  local  government  compared  with 
that  of  Federal  to  state  government. 

(  Republican  government. 

III.  Guarantee  to  the  state  \  _         .        .     * 

4  Invasion  (79). 

(Optional)  /  _  _y:  ' 

V  Insurrection. 

IV.  Powers  denied  the  states.      (Optional.) 

1.  Relation  between  states. 

Treaty,  alliance,  confederation  (52). 

Agreement  or  compact  (54). 

Tonnage  (54). 

Duties  on  exports  (53). 

Duties  on  imports  (53). 

Conditions  (three)  (53). 

2.  Commerce 

Coin  money. 
Bills  of  credit  (52). 
Legal  tender  (52). 
Obligations  of  contract. 

3.  Titles  (52). 

4.  Penalties, — Attainder,  ex-post-facto  laws  (52). 


44  OUTLINES   OF   CIVIL   GOVERNMENT 

5.  War 

Troops,  ships  (54). 

Engage  in  war  (54). 

Letters  of  marque  or  reprisal  (52 )0 

Debts  for  rebellion  (103). 

6.  Slavery  (98). 

7.  Regarding  citizens. 

Voting  (105). 

Equal  protection  of  laws  to  all  (100)., 

V.      What  the  state  does. 

1.  Eminent  domain. 

2.  Police  power. 

3.  Suffrage. 

(1)  Limitations. 

(2)  QualificationSo 

(3)  Naturalization. 


CHAPTER  VI 

THE    STATE  :    CONSTITUTION  ;    POWERS 

I.     CONSTITUTION 

1.  Described. 

A  state  constitution  is  a  document  by  which  the  people 
establish  a  republican  form  of  government.  It  must  not 
conflict  with  the  Constitution,  laws  or  treaties  of  the 
United  States.  It  contains  a  "bill  of  rights,"*  which 
reaffirms  some  of  the  provisions  of  the  Federal  Constitu- 
tion; it  provides  for  three  separate  departments  of  gov- 
ernment: legislative  to  make  the  laws,  executive  to 
administer,  and  judicial  to  interpret  them;  it  determines 
the  qualifications  for  voting  (right  of  elective  franchise  or 
suffrage) ;  and  provides  for  local  self-government.  Some- 
times it  limits  the  state  legislature  by  itself  containing 
laws  upon  such  subjects  as  duelling,  gambling,  lotteries, 
etc. 

2.  How  framed. 

The  thirteen  original  states  generally  used  their  charters 
as  models. f  A  constitutional  convention  of  delegates 
elected  by  the  people,  in  most  cases  not  only  framed  the 
constitution  but  adopted  it ;  in  others  the  people  ratified  it.  J 

*  See  Bill  of  Rights  under  Federal  Constitution.      (85-95.) 
t  Connecticut   used   her   charter   for   a   constitution  till    1818; 
Rhode  Island  until  1842,  with  few  changes. 

J  For  present  framing  of  a  state  constitution  see,  How  a  terri- 
tory becomes  a  state,  Part  II,  p.  67. 


46  OUTLINES   OF   CIVIL   GOVERNMENT 

3.   Amendment. 

Methods  of  amendment  vary  in  the  different  states. 
Usually  the  legislature  *  proposes  the  amendment,  but  in 
every  state  (save  Delaware)  the  suggested  change  is 
accepted  or  rejected  by  the  vote  of  the  people.  The  diffi- 
culty of  rousing  the  necessary  number  of  people  to  see  the 
need  of  change  prevents  too  frequent  amendment. 

II.  RELATION  OF  STATE  TO  LOCAL  GOVERNMENT 

COMPARED  WITH  THAT  OF  FEDERAL  TO 

STATE  GOVERNMENT 

When  a  free  people  unite  to  form  a  state  they  give  to 
the  state  full  sovereignty  or  right  to  rule.  Thereafter 
local  governments  exercise  powers  of  local  self-govern- 
ment granted  by  the  state;  they  have  no  sovereignty  in 
themselves.  Briefly  stated,  then,  local  governments  pos- 
sess granted  or  delegated  powers,  while  the  state  retains 
those  remaining  powers  not  delegated. 

The  Federal  Government  was  also  founded  by  the 
people, — f'The  Constitution  of  the  United  States  was 
ordained  and  established,  not  by  the  states  in  their  sov- 
ereign capacity,  but  emphatically,  as  the  preamble  of  the 
Constitution  declares,  'by  the  people  of  the  United 
States'*  (Supreme  Court).  Yet  in  its  dealings  the 
Federal  Government  has  to  do  with  sovereign  states,  not 
governments  which  derive  their  power  from  it,  as  do  local 
governments  from  the  state.  The  United  States  Govern- 
ment possesses  certain  powers  granted  by  the  Constitution, 
— as  control  of  the  army  and  navy,  right  to  make  war,  to 

*  In  some  states  the  amendment  must  pass  each  house  by  a 
majority  vote,  in  others  by  a  two-thirds- or  two-fifths  vote. 


OUTLINES   OF   CIVIL   GOVERNMENT  47 

regulate  commerce,  etc.  (What  Federal  Government  Does, 
Part  III,  p.  79),  while  the  states  retain  remaining  powers 
not  given  to  the  Federal  Government  and  not  forbidden 
the  state,* — as  provisions  for  education,  marriage  prop- 
erty, etc.  (What  the  state  does.)  This  is  just  the 
reverse,  we  see,  of  what  is  true  in  state  and  local  govern- 
ment. 

III.     GUARANTEE  TO  THE  STATE 
(Optional,  see  recitation  outline) 

IV.     POWERS  DENIED  THE  STATES 
(Optional,  see  recitation  outline) 

V.     WHAT  THE  STATE  DOES 

While  the  Federal  Government  does  those  things  which 
a  state  could  not  well  do, — as  coining  money,  regulating 
commerce,  making  war,^the  state  makes,  enforces,  and 
tries  cases  violating  those  laws  relating  to  the  everyday 
affairs  of  life, — as  education,  marriage,  divorce,  religious 
and  property  rights,  legal  rights  of  citizens,  of  relatives, 
of  employer  and  employee,  partnership,  insurance  and 
both  public  f  and  private  J  corporations. 

Under  this  general  control  several  specific  powers  will 
be  described. 

*  The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  states,  are  reserved  to  the 
states  respectively,  or  to  the  people  (94). 

t  As  a  city. 

J  As  a  railway. 


48  OUTLINES   OF   CIVIL   GOVERNMENT 

1.  Eminent  domain. 

As  kings  of  old  had  control  of  the  land,  so  the  state  has 
the  first  right  to  its  territory  when  needed  for  the  public 
good.  A  state  (also  county  or  town)  may  take  the  prop- 
erty of  an  individual  for  public  use — as  for  a  highway, 
railway  or  location  of  a  public  building— whether  the 
individual  consents  or  not,  by  the  payment  of  a  suitable 
sum. 

2.  Police  power. 

The  state  must  regulate  certain  rights  which  affect  the 
people  in  common,  and  control  the  individual  and  his 
property  when  opposed  to  the  interests  of  all;  examples: 
quarantine  regulations,  inspection  of  food  supplies 
brought  into  a  state,  regulations  concerning  the  health  of 
a  city — as  cleanliness,  water  supply,  sewerage — regulation 
of  the  charges  of  transportation  companies — street  rail- 
ways, cabs,  hacks,  etc. — factory  and  tenement  house  in- 
spection, etc. 

3.  Suffrage. 

(1)  Limitations.      It  is  left  to  the  state  to  make  the  con- 
ditions of  voting — with  one  exception:  the  XVth  article 
of  the  Constitution  forbids  a  state  to  exclude  a  voter  ('on 
account  of  race,  color,  or  previous  condition  of  servitude." 
Article   XIV  (101),   before  this  aimed  to   cut  down  the 
basis  of  representation  in  those   states  which  refused  the 
right  of  suffrage  to  all  citizens  not  excluded  for  crime  or 
taking  part  in  rebellion.* 

(2)  Qualifications.     Most  states  give  the  right  of  voting 
to   male   citizens   twenty-one   years   of   age,    who   are   not 

*  Never  practically  enforced. 


OUTLINES   OF   CIVIL   GOVERNMENT  49 

paupers,  idiots,  lunatics,  or  criminals.  Some  states  ex- 
clude Indians  not  taxed,  United  States  soldiers  or  marines, 
most  states  require  a  certain  length  of  residence  previous 
to  election.  Conditions  vary  widely  in  different  states. 

Woman  suffrage:  Colorado,  Idaho,  Utah  and  Wyoming 
admit  women  to  the  franchise  on  equal  terms  with  men, 
Kansas  on  municipal  questions,  many  other  states  on 
school  questions. 

(3)  Naturalization.  The  Federal  Government  provides 
for  uniform  laws  of  naturalization,  but  the  state  decides 
when  an  alien  may  vote;  some  states  permit  him  to  vote 
two  years  before  he  receives  his  final  papers, — when  he 
"declares  his  intention. "  Process:  (1)  Declaring  his  in- 
tention. The  alien  wishing  to  become  a  citizen  takes 
oath  before  a  court  of  law  that  it  is  his  intention  to 
become  a  citizen  of  United  States  and  to  renounce  alle- 
giance to  any  other  country.  This  must  be  two  years 
before  the  final  papers  are  given.  (2)  Final  steps.  Two 
years  later  he  proves  to  the  court  a  previous  residence  in 
the  country  of  five  years,  a  residence  in  that  state  or  terri- 
tory of  one  year,  renounces  his  allegiance  to  any  other 
country,  gives  up  his  title  of  nobility  if  he  has  one,  and 
receives  in  return  American  citizenship  with  all  its  privi- 
leges save  one, — he  can  never  be  President  of  the  United 
States.  The  law  regards  his  minor  children  as  citizens 
when  they  become  of  age. 


50  OUTLINES  OF   CIVIL   GOVERNMENT 

RECITATION  OUTLINE— CHAPTER  VII 

THE  STATE  :  LEGISLATIVE  DEPARTMENT  ;  EXECUTIVE 
DEPARTMENT 

VI.     LEGISLATIVE  DEPARTMENT 

1.  Scope  of  law  making. 

2.  General  and  special  legislation. 

3.  Houses. 

4.  Election  of  members. 

5.  Sessions — terms. 

6.  Qualifications  of  members. 

7.  Houses  equal  in  legislation. 

VII.     EXECUTIVE  DEPARTMENT 

1.  Governor. 

(1)  How  elected,  term. 

(2)  Qualifications,, 

(3)  Work. 

(a)  Pardons  or  reprieves. 

(b)  Militia. 

(c)  Message. 

(d)  Veto. 

(e)  Execution  of  laws. 

2.  Other  officers  and  boards. 

(1)  Lieutenant  Governor. 

(2)  Council,  staff. 

(3)  Secretary. 

(4)  Treasurer. 

(5)  Auditor. 

(6)  Attorney-general. 

(7)  Superintendent  of  Education. 

(8)  Other  officers  and  boards* 

(9)  Elected  or  appointed. 


CHAPTER  VII 
THE  STATE  (continued)  :  LEGISLATIVE  DEPARTMENT  ; 

EXECUTIVE    DEPARTMENT 

VI.     LEGISLATIVE  DEPARTMENT 

1.  Scope  of  law  making. 

As  we  have  seen  the  legislature  is  limited  (1)  by  Con- 
stitution, laws  and  treaties  of  the  United  States;  (2)  by 
provisions  of  the  state  constitution.  There  is  left  to  it 
legislation  upon  such  subjects  as  are  named  in  "What  the 
state  does."  (Part  II,  p.  47.) 

2.  General  and  special  legislation. 

There  is,  first,  law  making  on  general  subjects  as  sanita- 
tion, schools,  temperance,  etc.  ;  second,  special  or  private 
legislation  applying  to  a  particular  case, — as  chartering  a 
railway,  changing  a  person's  name,  etc.  Many  state  con- 
stitutions limit  special  legislation.* 

3.  Houses. 

In  each  state  the  legislature  consists  of  two  houses, — a 
lower  House  of  Representatives  f  and  upper  Senate  of 
fewer  members. 

4.  Election  of  members. 

Members  of  each  house  are  elected  by  direct  vote  of  the 
people,  one  for  a  certain  number  of  people,  but  the  sen- 
ators from  a  larger  district  than  the  representatives. 
Thus,  a  senatorial  district  sends  but  one  senator  but  may 

*Why? 

t  Not  called  House  of  Representatives  in  all  states;  called 
House  of  Delegates  in  Virginia,  General  Assembly  in  New  Jersey. 


52  OUTLINES   OF   CIVIL   GOVERNMENT 

send  numerous  representatives.  In  some  of  the  New 
England  States  the  representatives  are  sent  by  towns,  the 
senators  by  towns  united  into  senatorial  districts. 

5.  Sessions — terms. 

In  most  states  the  session  is  biennial — once  in  two  years 
— unless  a  special  session  is  called  by  the  governor. 
Length  of  session  is  often  limited  to  sixty  or  ninety  days. 

Term:  Representatives  are  elected  for  the  two  years, — 
although  ordinarily  attending  but  one  session, — senators 
often  for  four.  (Varies  in  different  states.) 

6.  Qualifications  vary. 

Generally  members  must  be  of  a  certain  age,  citizens, 
also  residents  of  the  state. 

7.  Equal  in  legislation. 

In  many  states  the  two  houses  are  co-ordinate  in  legisla- 
tion; in  some  states  bills  for  raising  money  by  taxation 
must  originate  in  the  lower  house;  the  Senate  ratifies 
some  of  the  governor's  appointments. 

Vll.     EXECUTIVE  DEPARTMENT 
1.    Governor. 

(1)  How  elected,  term.      The  governor,  who  is  at  the 
head  of  the  executive  department,  is  elected  by  direct  vote 
of  the  people  for  a  term  of  one  to  four  years. 

(2)  Qualifications.      In  each   state  the  candidate  must 
have  an  age  qualification,  must  have  been  a  citizen  a  cer- 
tain period, — as  from  two  to  twenty  years, — with  a  previous 
residence  in  the  state — as  from  one  to  ten  years. 

(3)  Work  of  governor. 

(a)  The  governor  has  power  to  pardon,  delay  or 
lessen  sentence  pronounced  on  criminals. 


OUTLINES   OF   CIVIL   GOVERNMENT  53 

(b)  He    commands  the   state   militia,    calling    it 

forth  in  case  of  any  disturbance  in  the  state ; 
or  at  the  command  of  the  President,  sends 
it  to  aid  the  United  States.  The  governor 
then  has  no  more  control  of  it  till  it  is 
mustered  out  of  United  States  service. 

(c)  The  governor  may  send  messages  to  the  legis- 

lature recommending  measures,  but  he  has 
no  power  to  carry  them  through  save  by 
his  personal  influence. 

(d)  He  may  veto*  a  bill   passed  by  the  legisla- 

ture, unless  a  certain  majority  pass  it  over 
his  veto.  In  a  few  states  he  may  veto  one 
or  more  items  which  he  considers  harmful 
while  passing  the  remainder  of  the  bill.f 
In  other  states  he  must  either  accept  or  re- 
ject the  bill  as  a  whole. 

(e)  He  executes  the  laws,  that  is,  sees  to  their 

enforcement. 

2.   Other  officers  and  boards. 

(1)  Lieutenant  Governor  (in  some  states).      Lieutenant 
governor  takes  place  of  governor   if  need  be ;    he   often 
presides  over  the  Senate. 

(2)  Council,  Staff.     A  few  of  the  older  states  have  a 
council  to  advise  with  the  governor;    others  have  a  staff 
which  serves  as  the  governor's  escort  on  public  occasions. 

(3)  Every  state  has  a  Secretary  who  keeps  an  account  of 
all  state  transactions,  and  a 

*  Save  in  Rhode  Island,  North  Carolina  and  Ohio. 
tWhy  of  benefit?     See  "Riders." 


54  OUTLINES   OF   CIVIL   GOVERNMENT 

(4)  Treasurer  who  receives  and  pays  out  its  money. 

(5)  Auditor.     Most  states  have  an  auditor,  or  controller, 
who  examines  and  verifies  accounts  and  gives  orders  to  the 
treasurer  to  pay  the  state's  bills. 

(6)  Attorney-general.      The  attorney-general  gives  ad- 
vice to  the  governor  and  other  state  officers  on  questions 
of  law;    prosecutes  for  the  state  in  graver  criminal  cases. 
He    also    has    some    direction    of    the    district    (county) 
attorneys. 

(7)  Superintendent  of  education  supervises  state  schools, 
making  the  system  uniform  as  far  as  possible ;  he  prepares 
examinations   for  teachers,   holds   institutes   and  vacation 
schools  for  their  benefit;  he  advises  teachers  and  superin- 
tendents who  wish  to  consult  him  upon  questions  of  school 
law;  he  makes  reports  upon  the  schools,  to  the  legislature, 
suggesting  needed  reforms. 

(8)  Other    official    boards.      There    are    various    other 
officers    and    boards    as:      superintendent    of    prisons,    of 
labor,  boards  of  health,  charity,  lunacy,  commissioners  of 
railways,  harbors,  mines,  immigration,  etc. 

(9)  Elected  or    appointed.      The    chief  administrative 
officers  are  usually  elected  by  popular  vote  for  a  term  as 
long  or  longer  than  the  governor's;  others  are  appointed. 


OUTLINES   OF   CIVIL   GOVERNMENT  55 

RECITATION  OUTLINE— CHAPTER  VIII 

THE    STATE  :    JUDICIAL    DEPARTMENT 

VIII.     STATE  JUDICIARY 

1.  Three  grades  of  courts. 

2.  Independence  of  state  courts. 

3.  Scope. 

4.  Removals.     (Optional.    See  Part  IV,  68.) 

5.  Appeals.      (Optional.      See  Part  IV,  68.) 

6.  Kinds  of  business  coming  before  state  courts. 

(1)  Civil  suits. 

(2)  Criminal  suits. 

(3)  Probate  business  or  suits. 

7.  Judges. 

(1)  How  elected. 

(2)  Term. 

(3)  Qualifications. 

8.  Jury  system. 

9.  Grades  of  courts  (see  paragraph  1). 

(1)  Local  courts. 

Justice's  court. 
Mayor's  or  police  court. 

(2)  Superior  courts  of  record. 

Differ  from  inferior  courts. 
Some  forms  of  courts  of  record. 

(a)  County  or  municipal  courts. 

(b)  District  or  circuit  courts. 

(c)  Probate  courts. 


56  OUTLINES   OF   CIVIL   GOVERNMENT 

(3)  Supreme  court. 

(a)  Described. 

(b)  Clerk. 

(c)  Reporter. 

Procedure  (Optional)  in  a  criminal  case. 

Complaint. 

i  Warrant,  arrest,  examination. 

Bail  or  writ  of  habeas  corpus. 
Indictment. 
Trial:— 

Jury  selected. 

Witnesses. 

Arguments. 

Charge  to  jury. 

Verdict. 

Sentence. 

Appeal. 


CHAPTER  VIII 

THE    STATE  :    JUDICIAL    DEPARTMENT 

VIII.     STATE  JUDICIARY 

1.  Three  grades  of  courts. 

Every  state  has  at  least  three  grades  of  courts:  (1)  local 
courts,  (2)  superior  courts  of  record,  (3)  supreme  court, 
or  court  of  appeals.  The  first  and  third  grade  of  one  state 
correspond  with  the  first  and  third  of  another,  but  there 
are  numerous  forms  of  the  second,  the  courts  of  record. 

2.  Independence  of  state  courts. 

Each  state  has  its  complete  judicial  system  with  right 
of  appeal  from  lowest  to  highest  court.  Decisions  made 
by  one  state  court  are  not  binding  upon  those  of  any  other 
state,  but  they  are  usually  followed. 

3.  Scope. 

State  courts  try  cases  arising  under  state  laws;  the 
Federal  Government  makes  provision  for  the  removal  and 
appeal  of  certain  cases  to  the  Federal  courts. 

4.  Removal.      (Optional.      See  Recitation  Outline.) 

5.  Appeal.      (Optional.      See  Recitation  Outline.) 

6.  Kinds  of  business  coming  before  state  courts. 

(1)  Civil  suits  are  those  which  arise  from  attempt  to 
enforce  a  broken  contract  or  to  secure  damages  for  it. 
Subjects  leading  to  these  suits  are  property,  marriage, 
divorce,  etc.  The  plaintiff  brings  the  suit,  the  defendant 
is  the  one  against  whom  suit  is  brought. 


58  OUTLINES   OF   CIVIL   GOVERNMENT 

(2)  Criminal  suits  arise  from  crimes  which  endanger 
public  welfare,    as   theft,    burglary,    arson,    murder,    etc. 
The    state,    represented    by    attorney-general    or    district 
attorney   (according  to   the   custom   of  the   state)   always 
prosecutes  the  defendant — there  is  no  individual  plaintiff. 

(3)  Probate  business  relates  to  the  settlement  of  estates 
of  the  deceased.      If  there  is  a  will  it  is  proved  before  the 
probate  court,   its   provisions  are  carried  out  under  pro- 
bate guidance;    if  not,    an  administrator  under  bonds  is 
appointed  to  settle  the  estate.      Both  executor  of  will  and 
administrator  must  give  an  account  of  their  trust  to  the 
heirs  before  the  court  (judge).      It  also  provides  for  the 
guardianship  of  minors  and  those  incapable  of  directing 
their  own  business  affairs. 

7.  Judges. 

(1)  How  elected.      In  most  states  judges  are  elected  by 
popular  vote;   those  of  local   and  superior  courts  by  the 
people  of  that  town,  city,  county    or  district  over  wrhich 
the  judge  presides;    those   of  the  supreme  court  by  the 
voters  throughout  the  state.      In  other  states  the  legislature 
elects,  or  the  governor  nominates  and  the  senate  appoints 
the  judges. 

(2)  Term.      Their  term  varies  from  two  years  to  a  term 
for  life  on  condition  of  good  behavior. 

(3)  Qualifications.      Generally  there  is  an  age,  citizen- 
ship and  residence  requirement.      It  is  left  to  the  citizens 
to  determine  the  fitness  of  the  candidate  through  reason  of 
his  learning  and  ability. 

8.  Jury  system. 

State  law  provides  the  method  of  selecting  men  for  the 
grand  jury,  which  decides  whether  a  man  shall  be  tried  or 


OUTLINES   OF   CIVIL   GOVERNMENT  59 

•dismissed,  and  a  petit  jury,  before  which  the  trial  takes 
place.  Usually  some  official  selects  a  list  of  names  by  lot 
from  the  citizens  of  town,  city  or  county.  The  men 
selected  present  themselves  at  that  session  of  court  for 
which  they  were  drawn.  (See  Indictment  and  Petit  Jury, 
Part  II,  p.  61.) 

9.    Grades  of  courts  (paragraph  1). 

(1)  Local  courts.     The  courts  of  the  justice  of  the  peace 
in  the  country,  the  mayor's  or  police  court  of  the  city, 
try  petty  crimes  (offences)  and  civil  suits  for  small  sums, 
without   a   jury.      If   a  crime  is    committed   beyond    the 
jurisdiction*  of  these   courts   the   justice   or   judge  may 
arrest,    examine,    and,    on    sufficient    evidence,    send    the 
accused  to  jail,  to  await  trial  by  a  higher  court. 

(2)  Superior    court    of    record.      Differ    from    inferior 
courts.      Superior  courts  differ  from  inferior  courts  in  that 
there  is  a  record  made  by  clerk  of  court  (see  Part  I,  p.  18) 
of  decisions  reached  in  all  cases;  second,  trial  of  criminal 
cases  and  such  civil  suits  as  the  parties  wish  is  before  a 
jury.      Some  forms  of  courts  of  record. 

(a)  County  or  municipal  courts.  The  lowest 
grade  of  superior  courts  is  the  county  court  and — 
what  corresponds  to  it  when  a  city  possesses  all  the 
grades  of  courts  found  in  the  state— the  municipal 
courts,  which  try  cases  appealed  from  local  courts 
(have  appellate  jurisdiction),  or  have  the  right  of 
first  trial  (original  jurisdiction)  in  more  serious  civil 
and  criminal  cases. 

*  Right  of  judgment. 


60  OUTLINES   OF   CIVIL   GOVERNMENT 

(b)  District  or  circuit   courts  administer  justice 
over  a  larger  area  than  county  and  municipal  courts. 
The  judges  usually  move  from  one  district  or  circuit 
to  another,  but  the   court  officers   are  those  of  the 
county.      These  courts  have  original  and  appellate 
jurisdiction   over   civil   and    criminal    cases    and    in 
some  states  act  as  probate  and  equity  courts. 

(c)  Probate  court.     Most  states  maintain  separate 
probate  courts  presided  over  by  a  probate  judge, 
with  no  jury;  usually  no  suits  arise  from  the  settle- 
ment of  estates,  matters  of  guardianship,  etc. 

Note. — Other  courts.  Courts  of  sessions,  of  equity  or  chan- 
cery, of  oyer  and  terminer,  other  courts  with  special  work  and 
various  names  are  found  in  different  states. 

(3)  Supreme  court.  (a)  Described.  The  supreme 
court  of  a  state  consists  of  its  chief  justice  and  associate 
justices  who  hear  cases  appealed  from  lower  courts,  and 
sustain  or  reverse  those  decisions.  They  do  not  retry  but 
carefully  go  over  the  record  of  the  case  and  make  written 
decisions  whether  the  law  was  properly  interpreted  and 
applied.  The  opinion  of  the  majority  decides;  their 
decision  is  binding  on  the  lower  courts  of  that  state. 

(b)  Clerk    of    supreme    court     records    these    decisions. 

(c)  Reporter  prepares  these  decisions  for  publication  and 
sends  them  through  the  state  for  use  of  lawyers  and  judges 
of  the  lower  courts. 

Note. — New  York  has  a  court  of  appeals  higher  than  its 
supreme  court,  to  which  some  cases  passed  upon  by  the  supreme 
court  may  be  appealed.  A  few  other  states  have  similar  courts. 

Procedure  in  criminal  cases.      (Optional.) 

Complaint.      Usually  complaint  is  made  before  a  justice 


OUTLINES    OF   CIVIL   GOVERNMENT  61 

of  the  peace  by  some  interested  person  against  the  sus.- 
pected  criminal. 

Warrant  and  preliminary  examination.  The  justice 
issues  a  warrant  of  arrest  to  constable  or  sheriff,  examines 
the  arrested  party,  and  commits  him  to  jail  if  there  seems 
sufficient  ground. 

Bail/ writ  of  habeas  corpus.  Unless  the  crime  is  very 
serious  the  prisoner  may  be  liberated  till  his  trial  by  the 
promise  of  his  bondsmen  to  pay  a  sum  named  by  the  jus- 
tice, if  the  accused  should  fail  to  appear  at  the  trial.  If 
the  prisoner  is  unable  to  obtain  bail,,  he,  or  some  one  in 
his  behalf,  may  apply  for  a  writ  of  habeas  corpus  which 
insures  him  a  hearing  before  the  court.  The  judge 
decides  whether  or  not  there  is  sufficient  evidence  for  a 
trial  and  the  prisoner  is  released  or  sent  back  to  jail  to 
await  the  court's  session. 

Indictment.  The  prosecuting  attorney  (state  or  district) 
gives  an  indictment,  or  written  charge  of  the  crime  to  the 
grand  jury  (twelve  to  twenty-three  in  number).  The 
jurors  call  witnesses  against  the  accused,  and  if  there  is 
-evidence  to  warrant  a  trial  they  return  the  bill,  with  the 
words  a  "true  bill."  The  case  then  comes  to  trial; 
otherwise  it  is  dismissed. 

Arraignment,       The    prisoner    is    brought    before    the 
court,  the  indictment  read  to  him,  and  he  answers  to  the 
charge  "guilty"  or  "not  guilty";    if  the  former,  he   is 
sentenced  without  trial,  if  the  latter,  the  trial  proceeds. 
Trial. 

Petit  Jury.  The  clerk  of  court  selects  twelve  men  from 
the  jurymen  sent  by  the  towns.  They  may  be  questioned 
and  rejected  if  they  do  not  fulfill  the  conditions  prescribed 


62  OUTLINES   OF  CIVIL   GOVERNMENT 

by  law.*  Both  counsels  (lawyers  for  and  against  the 
accused)  may  also  reject  a  certain  number  without  giving 
a  reason.  When  the  twelve  are  found  they  swear  to  decide 
according  to  the  testimony  of  the  witnesses,  and  to  the  law 
explained  by  the  judge. 

Witnesses  for  both  sides  are  called  subject  to  cross 
examination  by  counsel  of  the  opposing  side.  The  state 
usually  introduces  its  testimony  first,  then  after  that  of  the 
accused,  may  put  on  more  evidence  in  rebuttal,  f  The 
accused  need  not  testify  against  himself  (89) ;  the  state 
furnishes  him  with  counsel  if  he  is  too  poor  to  pay  (90). 

Arguments.  At  the  close,  each  counsel  makes  his  plea 
to  judge  and  jury  summing  up  the  case. 

Charge.  The  judge  instructs  the  jury  upon  any  points 
of  law  not  clear. 

Verdi  etc  Jurymen  usually  retire  to  a  separate  room  to 
deliberate.  On  their  return  the  foreman  gives  the  verdict 
— that  is,  their  decision  whether  the  prisoner  is  guilty  or 
not;  if  guilty,  the  degree  of  his  crime.  Every  member 
must  agree  before  the  verdict  can  be  pronounced.  If  they 
fail  to  agree  there  maybe  another  trial;  if  they  unani- 
mously pronounce  "not  guilty"  the  defendant  shall  never 
be  tried  for  that  crime  again  (89). 

Sentence.  The  jury  having  determined  the  degree  of 
guilt  of  the  accused,  the  judge  pronounces  sentence. 

Appeal.  If  there  is  doubt  as  to  lawfulness  of  the  trial 
the  defendant  may  appeal  to  the  supreme  court. 


*What  are  the  conditions  in  your  state? 
t  Define. 


OUTLINES   OF   CIVIL   GOVERNMENT  63 

RECITATION  OUTLINE— CHAPTER  IX 

TERRITORIAL    GOVERNMENT 

1.  Constitutional  provisions. 

2.  Territory  acquired. 

3.  Unorganized,  organized  territories. 

4.  Federal  control. 

5.  Delegate  to  Congress. 

6.  Departments. 

(1)  Legislative. 

Council. 

House  of  Representatives. 

Term. 

Session. 

Salary. 

(2)  Executive. 

(3)  Judicial. 

Three  grades  of  courts. 
Court  officers. 

7.  Local  governments. 

8.  How  a  territory  becomes  a  state.      (Note.) 

Two  ways. 


CHAPTER  IX 

TERRITORIAL    GOVERNMENT 

1.  Constitutional  provisions. 

The  Constitution  makes  few  provisions  relating  to  terri- 
tory. " Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  respecting  the 
territory  or  other  property  belonging  to  the  United 
States"  (78).  The  government  from  time  to  time  has 
acquired  land  which  has  been  admitted  to  statehood  when 
population  increased,;  but  there  is  nothing  in  the  Consti- 
tution to  prevent  holding  it  permanently  as  a  dependency 
if  the  people,  through  their  representatives  in  Congress, 
so  will. 

2.  Territory  acquired. 

The   United    States    has    acquired   vast   tracts  of  land. 

Note : — 

Northwest  territory,  ceded  by  several  states  in  1787. 

Louisiana,  purchased  from  France,  1803. 

Florida,  purchased  from  Spain,  1819. 

Texas,  annexed  from  Mexico,  1845. 

California  and  Mesilla  Valley  by  conquest  and  purchase 
from  Mexico,  1848-53. 

Oregon,  by  discovery  and  settlement  and  by  treaty  with 
England,  1846. 

Alaska  purchased  from  Russia,  1867. 

Hawaii,  annexed  in  1898. 

Porto  Rico,  ceded  by  Spain,  1898. 

Philippines  transferred  by  Spain,  1898. 


OUTLINES   OF   CIVIL  GOVERNMENT  65 

Guam. 

Tutuila. 

Isle  of  Pines. 

Canal  Zone  in  Panama. 

The  District  of  Columbia  has  always  been  under  exclu- 
sive control  of  Congress ;  also  all  arsenals,  forts,  Federal 
buildings  situated  in  states,  etc.  (42). 

3.  Unorganized,  organized  territories. 

We  may  divide  territorial  government  into  two  stages: 
(a)  The  less  highly  organized  territories,  as  Alaska, 
Guam,  are  governed  by  commissioners  or  officers  ap- 
pointed by  President  and  Congress.  The  next  step  gives 
the  territory  a  local  law-making  body  together  with  the 
commission,  as  in  the  Philippines,  (b)  The  fully  organ- 
ized territories,  as  Hawaii,  Arizona,*  and  New  Mexico* 
are  described  in  the  remainder  of  this  chapter. 

4.  Federal  control. 

While  a  territorial  government  is  similar  in  plan  to  that 
of  a  state  it  differs  in  that  territorial  laws  are  subject  to 
approval  by  Congress;  its  expenses  are  paid  from  the 
United  States  Treasury,  and  its  important  officers  are 
appointed  by  the  President.  It  has  no  vote  in  the  election 
of  a  President. 

5.  Delegate  to  Congress. 

A  delegate  elected  by  the  voters  throughout  the  terri- 
tory is  sent  to  the  House  of  Representatives  to  look  after 
territorial  interests  in  the  National  legislature;  he  may 
bring  in  a  bill,  he  may  take  part  in  debate,  but  he  cannot 
vote. 

*  Asking  admission  as  states  (1910), 


66  OUTLINES   OF   CIVIL   GOVERNMENT 

6.   Departments. 

As  in  a  state  there  are  usually  three  departments  of 
government,  although  in  the  early  organization  of  a  terri- 
tory its  legislative  department  is  lacking — as  in  Alaska. 

(1)  Legislature. 

Council.  The  legislature  consists  of  a  council  of  twelve 
members  elected  by  voters  of  twelve  councilor  districts — 
as  nearly  equal  in  population  as  possible — into  which  the 
territory  is  divided;  a  House  of  Representatives  of  twenty- 
four  members  elected  by  the  voters  of  the  twenty-four  repre- 
sentative districts  into  which  the  territory  is  divided. 

Term:  Session.  The  members  are  elected  for  a  term 
of  two  years,  although  ordinarily  there  is  but  one  session 
— limited  to  60  days — in  that  time. 

Work  The  legislature  makes  such  laws  as  relate  to  its 
territorial  government  and  interests,  but  its  laws  are  sub- 
ject to  the  approval  of  Congress  without  which  they  are 
void. 

(2)  Executive.* 

The  Governor,  subject  to  removal  by  the  President, 
performs  duties  similar  to  those  of  a  state  governor;  he 
may  pardon  or  reprieve  until  the  decision  of  the  President 
can  be  made  known ;  he  may  veto  laws  passed  by  the 
legislature  unless  a  two-thirds  majority  pass  it  over  his 
veto;  he  commands  the  militia;  he  sees  that  the  laws  are 
executed. 

The  Secretary*  not  only  keeps  the  territorial  records 
but  sends  a  report  both  to  the  President  and  Congress  of 
the  laws  passed  by  the  legislature  and  of  the  official  acts 
of  the  executive. 

*  The  President  with  consent  of  Senate  appoints  these  officers. 


OUTLINES   OF   CIVIL   GOVERNMENT  67 

(3)  Judiciary.* 

A  territory  has  three  grades  of  courts:  first  grade,  jus- 
tice's court,  conducted  by  a  justice  of  the  peace  elected  by 
the  people  of  a  small  area ;  second,  court  of  record — three 
(at  least)  district  courts  each  presided  over  by  one  of  the 
three  judges  of  the  supreme  court,  with  its  clerk  appointed 
by  the  judge;  third,  a  supreme  court,  which  consists  of  a 
chief  justice  and  two  associate  justices  holding  at  least  an 
annual -session  at  the  seat  of  government. 

Court  officers.  The  district  attorney  acts  for  the  terri- 
tory as  does  the  attorney  general  for  the  state ;  the  marshal 
is  the  territorial  sheriff  preserving  order  and  carrying  out 
sentence  of  the  courts ;  clerks  for  the  supreme  court  and 
courts  of  record  perform  the  same  duties  as  those  in  the 
states. 

7.  Local  government. 

Local  government  is  carried  on  by  township  or  county, 
as  territorial  law  provides. 

Note : — 

8.  How  a  territory  becomes  a  state. 

New  states  may  be  admitted  to  the  Union,  although  they 
cannot  be  formed  within  a  state  or  by  the  junction  of  two 
states  without  the  consent  of  the  legislatures  as  well  as 
Congress  (77). 

Two  ways  of  admission.  There  are  two  ways  which  a 
territory  may  enter  statehood,  although  in  both  cases 
Congress  must  approve  the  Constitution,  name  the  state 
and  define  its  boundaries. 

(1)   The  voters  of  a  territory  elect  delegates  to  a  consti- 

*  The  President  with  consent  of  Senate  appoints  these  officers. 


68  OUTLINES   OF   CIVIL   GOVERNMENT 

tutional  convention  which  frames  a  state  constitution.  If 
the  people  vote  to  accept  it,  the  legislature  petitions  Con- 
gress, through  its  delegate,  to  approve  the  constitution 
and  admit  the  territory  as  a  state.  If  Congress  approves, 
it  passes  an  enabling  act  by  which  the  territory  becomes  a 
state. 

(2)  Congress  passes  an  enabling  act  before  the  territory 
frames  its  constitution,  when  nearly  the  same  steps  are 
taken. 

OUTLINE  FOR  PUPILS'  NOTEBOOKS 

THE     STATE 

HISTORICAL  OUTLINE 

Early  settlement. 
Time. 
Place. 
By  whom? 

Reasons  for  settlement. 

Right  to  settle, — purchase,  charter,  treaty,  etc. 
Early  forms   of  government  (if  one   of  thirteen  original 
states). 

f  Charter. 
Before  Revolution  <  Proprietary. 

V.  Royal  Province. 
During  Revolution. 
A  State. 

Adoption  of  constitution. 

Ratification  of  Federal  Constitution. 

Admission  by  Congress  (if  not  one  of  the  thirteen). 


OUTLINES   OF   CIVIL  GOVERNMENT  69 

POLITICAL  OUTLINE 
Constitution. 

"Bill  of  Rights." 
Special  laws  in  constitution. 

Provisions  for  education,    charitable  or   penal    institu- 
tions, etc. 

Powers  of  State. 
Eminent  domain. 
Pol'ice  power. 

Suffrage,  limitations,  qualifications,  naturalization. 
Law-making  (upon  subjects  relating  to   everyday  life). 
Special  laws  relating  to  care  of  criminal  or  defective 
classes,  corporations,  .cities,  etc. 

Powers  denied  the  State  )  0     ^    ,       ,  ^       ^^  ^ 

}  By  Federal  Constitution. 
Guarantee  to  States          J 

c<u   u    T     ±'±  *.-          iv/r-v,.-     (  State  control, 
otate  Institutions:  Militia  4 

(  Federal  control. 

Others. 
Legislative  department:  name. 

House  of  Representatives  (other  name?). 
Senate. 

Number  of  members;  how  elected,  qualifications. 
Passage  of  a  bill. 

Executive  department: 

Governor, — duties,  qualifications,  how  elected. 

Staff  (?) 

Council  (?) 

Lieutenant  Governor  (?) 

Secretary. 


70  OUTLINES   OF   CIVIL   GOVERNMENT 

Treasurer. 

Auditor  (comptroller). 
State  Superintendent  of  Education. 
Other  officers,  boards  or  commissioners. 
Judicial  department. 

Three  grades  of  courts ;   appeal. 

1.  Justices  or  mayor's  court  (under  township). 

2.  Court  of  Record, — called  district,  circuit  or  county. 

Differs  from  lower  court. 

Area. 

Cases  tried, — -civil,  criminal,  probate,  equity. 

Procedure  in  a  criminal  case. 

Court  officers  (name).. 

3.  Supreme  Court. 

Decisions  binding  on  State  courts. 
Bench, — number  of  justices,  election,  term. 
.Original  jurisdiction  (?) 
Appellate  jurisdiction — example. 
Court  officers. 

TERRITORIAL    GOVERNMENT 

Territory  acquired. 
Northwest  territory. 

Ordinance  1787. 
Louisiana. 
Florida. 
Texas. 
California. 
Oregon. 
Alaska,  — Government. 


OUTLINES   OF   CIVIL   GOVERNMENT 


71 


Form  of  government. 


Hawaii 

Porto  Rico 

Guam 

Philippines 

Tutuila 

Government  of  Indian  Territory. 

Government  of  Indian  Reservation. 

Isle  of  Pines. 

Panama  Canal  Zone. 

What  shall  be  our  colonial  policy? 


TART  III 

FEDERAL  GOVERNMENT 


OUTLINES   OF   CIVIL   GOVERNMENT  75 

RECITATION   OUTLINE— CHAPTER   X 
( UNITED    STATES    GOVERNMENT 

CONSTITUTION  :      POWERS    OF    FEDERAL    GOVERNMENT 

I.     CONSTITUTION 

1.  Objects. 

2.  Described. 

3.  How  framed. 

4.  Adoption. 

5.  Amendment. 

6.  "Bill  of  Rights"  and  other  amendments. 

(Optional.) 

(1)  Personal  rights. 

Life,  liberty  (89);  warrant  (88);  indictment 
(88). 

Trial    (90):    speedy;     public;     jury;     district. 

Criminal  trial:  accusation,  witnesses,  etc.  (90); 
testimony  of  accused  (89) ;  punishment  (92) ; 
second  trial  (89). 

Religion  (83,  85);  speech  and  press  (85);  peti- 
tion (85). 

(2)  Property  rights. 

Civil  suits:  trial  by  jury  (91) ;  retrial  (91)  ;  arms^ 
(86) ;    search   or  seizure  (88) ;  soldiery  (87) ; 
eminent  domain  and  police  power  (89). 

(3)  Common  to  all  states  (73,  100). 

(4)  Rights  not  enumerated  "(93). 

7.  Oath  to  support  the  Constitution, 


76  OUTLINES    OF   CIVIL   GOVERNMENT 

II.     RELATION    OF   FEDERAL   TO    STATE  GOVERNMENT 

COMPARED  WITH  THAT  OF  STATE  TO 

LOCAL  GOVERNMENT 

(Review  Part  II,  p.  46) 
III.     WHAT  THE  FEDERAL   GOVERNMENT  DOES 

IV.     POWERS  DENIED  THE  FEDERAL  GOVERNMENT 
(Optional) 

1.  Slavery. 

Importation  (44) ;  prohibition  (98). 

2.  Penalties,  citizenship,  etc. 

Habeas  corpus  (45);  ex-post-facto  law  (46);  bill  of 
attainder  (46) ;  conviction  of  treason— defined 
(71) ;  punishment  of  treason  (72) ;  citizenship 
(105);  titles  (51);  emoluments,  etc.  (51). 

3.  Taxation. 

Direct  (47) ;  exports  (48) ;  interstate  commerce 
(49) ;  ports:  of  entry  (49). 

4.  Finance. 

Appropriations  by  law  (50);  public  statement  of 
receipts  and  accounts  (50) ;  money  for  army  (37, 
103);  debts  in  aid  of  rebellion  (103). 


CHAPTER  X 

CONSTITUTION  OF  UNITED  STATES  ;     POWERS    OF    FEDERAL 
GOVERNMENT 

I.     CONSTITUTION 

1.  Objects. 

The  objects  of  the  Constitution,  as  set  forth  in  the  pre- 
amble are — "to  form  a  more  perfect  union,  establish  jus- 
tice, insure  domestic  tranquility,  provide  for  the  common 
defence,  promote  the  general  welfare  and  secure  the  bless- 
ings of  liberty"  not  only  to  those  establishing  the  govern- 
ment of  the  United  States,  but  to  the  generations  coming 
after. 

2.  Described. 

The  Federal  Constitution,  adopted  in  1789,  was  modeled 
after  the  state  constitutions;  as  its  framers  said  it  was  a 
compromise  to  the  conflicting  demands  of  the  different 
states.  It  provides  in  a  general  way  for  the  three  separate 
departments  of  government, — legislative,  executive  and 
judicial,  while  it  leaves  Congress  to  supply  by  law  those 
details  of  working  which  prove  necessary  from  time  to 
time.  The  Constitution,  laws  and  treaties  of  the  United 
States  constitute  the  supreme  law  of  the  land. 

3.  How  framed. 

In  May,  1787,  a  convention  of  delegates  sent  by  the 
state  legislatures  met  in  Philadelphia  to  revise  the  Articles 
of  Confederation.  Instead  of  revis.ing  they  found  it  nec- 
essary to  write  a  new  Constitution,  which  they  presented 
to  the  Continental  Congress,  September,  1787. 


78  OUTLINES   OF   CIVIL   GOVERNMENT 

4.  Adoption. 

Congress  approved  the  Constitution,  submitted  and 
recommended  it  to  the  states.  It  was  adopted  by  constitu- 
tional conventions  (bodies  elected  for  that  special  purpose) 
in  the  states  and  went  into  effect  March  4,  1789. 

5.  Amendment. 

There  are  two  ways  by  which  amendment  may  be 
proposed. 

(a)  By  Congress.      Congress  may  propose  an  amend- 
ment if  two  thirds  of  the  members  of  each   house  vote 
to  do  so. 

(b)  By  constitutional  convention  demanded  by  states. 
Two  thirds  of  the  state  legislatures  may  petition  Con- 
gress to  call  a  general  convention  which   shall   propose 
amendment. 

(c)  Ratification.      In  either  case,  if  three  fourths  of 
the  state  legislatures  or  state  conventions  called  for  the 
purpose    (whichever    method    of    ratification    Congress 
chooses)  vote  to   accept  the   amendment   it  becomes  a 
part  of  the  Constitution  (80). 

6.  "Bill  of  Rights"  and  other  amendments. 

There  was  so  much  dissatisfaction  because  the  Consti- 
tution left  out  an  enumeration  of  the  rights  of  an  indi- 
vidual— called  a  "bill  of  rights,"  and  found  in  most  state 
constitutions — that  the  first  ten  amendments  were  added  to 
supply  the  want.  The  other  amendments  were  made  as 
need  arose.  (See  optional  topics,  Part  III,  p.  75.) 

7.  Oath  to  support  the  Constitution. 

Both  state  and  Federal  officers  are  reminded  of  their 
duty  to  the  Constitution  by  Article  VI  (83),  which  pro- 


OUTLINES   OF   CIVIL   GOVERNMENT  79 

vides  that  ''senators  and  representatives,  members  of  the 
several  state  legislatures,  and  all  executive  and  judicial 
officers,  both  of  the  United  States  and  of  the  several  states, 
shall  be  bound  by  oath  or  affirmation  to  support  this 
Constitution. " 

II.  RELATION  OF  FEDERAL  TO  STATE  GOVERNMENT 
COMPARED  WITH  THAT  OF  STATE  TO 

LOCAL  GOVERNMENT 
(Review  Part  II,  p.  46) 

III.  WHAT  THE  FEDERAL  GOVERNMENT  DOES 

The  Federal  Government  does  those  things  which  a 
state  could  not  well  do:  it  decides  all  questions  of  war 
and  peace;  it  controls  army  and  navy;  it  regulates  com- 
merce between  the  states  or  between  the  states  and  a 
foreign  country;  it  legislates  upon  financial  questions, 
coins  and  borrows  money;  it  gives  patents  and  copyrights 
to  protect  inventors  and  authors;  it  controls  post  offices 
and  post  roads ;  it  makes  uniform  bankruptcy  and  natural- 
ization laws ;  it  tries  crimes  against  the  United  States  and 
those  committed  on  the  seas;  it  lays  taxes,  although  that 
power  is  also  granted  to  the  states  (generally  the  state  lays 
direct,  the  nation  indirect  taxes) ;  it  acquires  and  governs 
territory. 

IV.     POWERS  DENIED  THE  FEDERAL  GOVERNMENT 
(Optional,  p.  76) 


80  OUTLINES   OF   CIVIL   GOVERNMENT 


RECITATION  OUTLINE— CHAPTER  XI 

LEGISLATIVE    DEPARTMENT:    CONGRESS;     HOUSE    OF 
REPRESENTATIVES 

I.     CONGRESS 

(a)  Numbered. 

(b)  Long  and  short  session. 

(c)  Special  sessions. 

(d)  Adjournment. 

1.   House  of  Representatives. 

(1)  Representation  according  to  population. 

(2)  Qualifications. 

(3)  Privileges  (21).      (Optional.) 

(4)  Disabilities  (22).      (Optional.) 

(5)  Salary. 

(6)  Election. 

(a)  Time. 

(b)  Place    and    manner, — Congressional    dis- 

trict. 

(c)  " Representative  at  large." 

(7)  Vacancies. 

(8)  Term. 

(9)  Speaker  and  other  officers, 
(10)  Work  of  House. 

(a)  Legislative. 

(b)  Impeachment. 


CHAPTER  XI 

LEGISLATIVE    DEPARTMENT  :    CONGRESS  ;    HOUSE    OF 
REPRESENTATIVES 

I.     CONGRESS 

The  Constitution  vests  the  law-making  power  in  a 
Congress  of  the  United  States  which  consists  of  a  Senate 
and  a  House  of  Representatives  (2). 

(a)  Numbered.      A  single  Congress  covers  a  period  of 
two  years   and   is  numbered.      Example:    the  60th   Con- 
gress began  March  4,  1907,  and  expired  March  4,  1909. 

(b)  Long  and   short   sessions.       Each   Congress    has   a 
long  and  short  session. 

Note. — The  long  session  begins  first  Monday  in  December  of 
the  odd  years  (when  a  new  House  meets)  and  lasts  until  adjourn- 
ment, perhaps  in  July  or  August.  The  short  session  commences 
the  following  December  of  the  even  year  and  must  close  the  next 
fourth  of  March,  at  noon,  when  that  Congress  expires.  Example  : 
the  60th  Congres-s  met  December,  1907,  for  its  long  session, 
December,  1908,  for  its  short  session,  closing  March  4,  1909,  at 
noon. 

(c)  Special  sessions.  ,  The  President  may  call  a  special 
session  of  one  or  both  Houses  if  he  thinks  necessary  (65). 

(d)  Adjournment.      By  mutual   consent  the  two  Houses 
may   adjourn;    if    they   fail    to   agree    as   to   the   time   of 
adjournment    the    President    may    adjourn    them.       But 
"neither  House  during  the  session  of  Congress  shall,  with- 
out the  consent  of  the  other,  adjourn  for  more  than  thre'e 
days,  nor  to. any  other  place  than  that  in  which  the  two 
Houses  are  sitting"  (65,  20). 


82  OUTLINES   OF   CIVIL   GOVERNMENT 

1.   House  of  Representatives. 

(1)  Representation     according     to     population.       The 
members  of  the  House  of  Representatives  are  elected  by 
the  state  according  to  population  (5).      The  representa- 
tives then  stand  for  the  people. 

Note. — On  the  basis  of  the  census  of  1900  there  are  now  (1910) 
386  members,  or  one  for  every  193,284  people.  The  population 
includes  the  whole  number  of  persons  in  each  state  with  the 
exception  of  Indians  not  taxed  (101). 

(2)  Qualifications.      A  representative  must  be  at  least 
twenty-five  years    of   age,    seven   years    a   citizen    of    the 
United  States,  when  elected  an  inhabitant  of  the  state  in 
which  he  is  chosen  (4). 

(3)  Privileges  (21).      (Optional.) 

(4)  Disabilities  (22).      (Optional.) 

(5)  Salary.      The  salary  of  a  representative  is  fixed  by 
law  and  paid  from  the  United  States  treasury  (21). 

Note. — It  is  now  $7,000  a  year,  with  an  allowance  for  traveling 
expenses. 

(6)  Election, — time,    place    and    manner    (15).       Con- 
gress by  law  has  provided  the  time,  place   and  mode   of 
electing  representatives. 

(a)  Time  is  now  in  November  of  the  even  years, 
as  1910,  1912,  although  members  elected  do  not  enter 
the  House  until  a  year  from  the  next  December,  unless 
a  special  session  is  called.* 

*  A  representative  elected  in  November,  1908,  would  not  take  his 

seat  until    December,  1909,    when    the    61st    Congress    first   met, 

unless  a  special  session  had   been  called   between  March  4,  1909, 

when  the  60th  Congress  expired,  and   December,  1909,  when  the 

•  61st  Congress  organized. 


OUTLINES   OF   CIVIL   GOVERNMENT  83 

(b)  Place    and     manner, — congressional    districts. 
The  state  legislature  divides  the  state   into   as  many 
congressional    districts,    nearly   equal    in    population, 
numbered  first,  second,  third,  etc.,  as  it  is  entitled  to 
representatives.      A  representative  is  elected  by  direct 
vote  of  those  within  that  district  qualified  to  vote  for 
their  own  state  representatives.* 

(c)  Representative  at  large.     If  a  state  is  entitled  to 
but  one  representative  or  is  given  a  representative  at 
large,  he  is  elected  by  the  voters  throughout  the  state,  t 

(7)  Vacancies.      When  vacancies  happen  in  the  repre- 
sentation of  any  state  the  governor  calls  an  election  to  fill 
such  vacancies  (6). 

(8)  Term.      Each  representative  is  elected  for  a  term 
of  two  years  (3). 

*  i.  e.y  For  members  of  "the  most  numerous  branch  of  the 
state  legislature" — usually  called  House  of  Representatives;  in 
New  York  called  Assembly;  in  Virginia,  House  of  Delegates; 
in  New  Jersey,  General  Assembly. 

t  "The  number  of  representatives  shall  not  exceed  one  for 
every  thirty  thousand,  but  each  state  shall  have  at  least  one  repre- 
sentative" (5).  As  population  has  increased  Congress  has  in- 
creased the  number  of  people  entitled  to  one  representative,  or 
lowered  the  ratio  until  it  is  now,  1910,  one  representative  to 
193,284  people  ;  (1 :193,284).  How  found.  For  example,  suppose 
Congress  fixes  the  number  of  representatives  as  386.  To  find  the 
ratio  the  total  population  of  the  states  (not  including  the  terri- 
tories since  they  have  no  representatives)  as  ascertained  by  the 
census  is  divided  by  the  desired  number  of  representatives  (386), 
which  gives  the  quotient  193,284 — the  ratio  then  is  1 :193,284.  To 
determine  the  number  of  representatives  to  a  state,  Congress 
divides  its  population  by  193,284  (or  whatever  the  number). 
Those  states  having  the  largest  remainders  are  given  an  extra 
representative,  or  a  representative  at  large. 


84  OUTLINES   OF   CIVIL   GOVERNMENT 

(9)  Speaker  and  other  officers. 

(a)  The  Speaker,  elected  by  the  most  powerful  party 
of  the  House,  administers  the  oath  of  office  to  mem- 
bers, presides  during  debate,  puts  the  question  before 
the    House   to   vote,    decides   whether   or   not   certain 
things  may  be  allowed  according  to  the  rules  which 
the  House  has  adopted;   his  great  importance  lies  in 
his  right  of  appointing  the  committees  to  which  every 
bill  is  referred.* 

(b)  Other  officers  are  the  clerk,  who  records  pro- 
ceedings of  the  House,  keeps  a  roll  of  members,  and 
.has  charge  of  the  copies  of  bills;  sergeant-at-arms  who 
maintains  order  and,  at  the  request  of  the  House,  com- 
pels absent  members  to  attend ;  doorkeeper,  postmaster, 
chaplain,  pages,  etc. 

(10)  Work  of  House. 

(a)  Legislative.      The   House    is   co-ordinate   with 
the  Senate  in  law-making  save  in  one  particular, — all 
bills    for   raising   revenue    (money  by  taxation)    must 
originate  in  the  House  (23). 

(b)  Impeachment.      The   House   has  sole  power  of 
impeaching  the  President,  Vice  President  and  all  civil 
officers  of  the  United  States.  |     If  there  is  a  charge 

*  Why  does  this  give  him  great  power?  What  exception  to  this 
since  1910? 

t  The  term  "civil  officers"  means  all  persons  employed  by  the 
Federal  Government,  not  including  Congressmen  or  members  of 
Army  and  Navy.  Members  of  Congress  are  liable  to  expulsion 
by  their  House  for  crimes  or  misdemeanors  (18)  ;  members  of 
the  Army  and  Navy  are  tried  by  their  own  courts-martial. 
President  Johnson  was  impeached  by  the  House  but  acquitted  by 
the  Senate.  Six  other  officers  have  been  impeached,  but  only 
two  convicted. 


OUTLINES   OF   CIVIL   GOVERNMENT  85 

that  an  officer  has  abused  his  trust,  as  through  treason 
or  bribery,  the  House  hears  the  evidence;  if  the 
majority  so  decide  a  summary  of  the  charges,  called 
articles  of  impeachment,  is  made  out  and  sent  to  the 
Senate  where  the  offender's  trial  takes  place  (7,  66). 


OUTLINES   OF   CIVIL   GOVERNMENT 


RECITATION  OUTLINE— CHAPTER  XII 

LEGISLATIVE  DEPARTMENT    (continued}  I  SENATE 

2.  Senate. 

(1)  Representation  by  states. 

(2)  Qualifications. 

(3)  Privileges. 

(4)  Disabilities. 

(5)  Salary. 

(6)  Election. 

Time,  place,  manner. 

(7)  Vacancies. 

(8)  Term. 

(9)  Vice  President  and  other  officers. 

(10)  Vote. 

(11)  Work  of  Senate. 

(a)  Legislation. 

(b)  Executive. 

(c)  Judicial. 


CHAPTER  XII 

LEGISLATIVE  DEPARTMENT    (continued}  :  SENATE 

2.   Senate. 

(1)  Representation  by  states.      In  the  Senate  the  states 
are  equally  represented  regardless  of  their  size,  each  state 
sending  two  senators.      There  are  now  (1910)  ninety-two 
members.      We  think  of  the  senators,  then,  as  represent- 
ing the   state   as   a   whole — a   political    unit — while    the 
representatives  stand  more  directly  for  the  people. 

(2)  Qualifications.      A  senator  must  be  at  least  thirty 
years   of  age,  nine  years  a  citizen  of  the  United  States, 
when  elected  a  resident  of  the  state  in  which  he  is  chosen 
(10). 

(3)  Privileges.      (Same  as  representatives.) 

(4)  Disabilities.      (Same  as  representatives.) 

(5)  Salary.      (Same  as  representatives.) 

(6)  Election. 

Time,  place  and  manner.  As  in  the  House,  Con- 
gress may  decide  the  time  and  manner  of  holding  sena- 
torial elections  which  it  has  done  by  law;  but  the  place 
must  be  left  for  the  state  to  decide  (15). 

(a)  Place.      The  legislature  electing  a  senator  meets 
at   its   state   capital ;    it  would  be    inconvenient   if   the 
Federal  Government  might  interfere  with  this  (15). 

(b)  Time    and    manner.       That    state    legislature 
which  is  elected  just  before   a  senator's  term  expires 
votes  for  a  successor.      The  manner  of  election   is  the 
same  in  all  states:   both  Houses  sitting  separately  elect 


88  OUTLINES   OF   CIVIL   GOVERNMENT 

a  senator  by  "viva  voce"  *  vote  if  they  can  agree  upon  a 
candidate;  if  not,  a  majority  of  each  house  must  meet 
together  (in  joint  session)  an^  make  a  choice  by  the 
same  way  of  voting.  In  either  case  a  majority  is  nec- 
essary for  an  election. 

(7)  Vacancies.      When  there  is  a  vacancy  in  the  Senate 
the  state  legislature  elects  a  successor,  if  it  is  in  session; 
if  not,  the  governor  appoints  a  senator  to  serve  till  the 
next  legislature  meets  (9). 

(8)  Term.      Each  senator  is  elected  for  a  term  of  six 
years,  but  it  is  so  planned  that  one  third  of  the  Senate 
only   is   composed   of   new  members   once   in  two   years. 
This  gives  the  Senate  greater  permanence  than  the  House, 
which  changes  completely  once  in  two  years,  unless  mem- 
bers are  re-elected  (8,  9). 

(9)  Vice  President  and  other  officers.      The  Vice  Presi- 
dent of  the  United  States  is  president  of  the  Senate,  with 
no  right  to  vote  unless  there  is  a  tie,  when  he  casts  the 
deciding  vote.      A  president  ''pro  tempore"  is  elected  by 
the  senators  from  their  number,  to  take  the  Vice  President's 
place  if  absent.      The  Senate  elects  its  officers  similar  to 
those  of  the  House  (11,  12). 

(10)  Vote.      Each  senator  casts  his  vote  as  he  pleases; 
the  two  from  the  same  state  may  cast  opposing  votes   if 
they  so  choose  t  (8). 

*  By  living  voice — word  of  mouth. 

tin  the  German  Bundesrath  (body  representing  the  states)  the 
members  from  a  state  agree  upon  a  vote,  then  cast  collectively 
their  number  of  votes.  Prussia,  for  instance,  having  seventeen 
votes,  would  cast  them  all  in  the  same  way,  for  or  against  the 
measure.  This  secures  more  strictly  state  representation.  Under 
the  Articles  of  Confederation  each  state  had  but  one  vote,  cast  as 
its  delegates  could  agree,  regardless  of  their  number. 


OUTLINES   OF   CIVIL  GOVERNMENT  89 

(11)  Work  of  Senate  maybe  classed  under  three  heads, 
legislative,  executive  and  judicial. 

(a)  Legislative.      Senate  is  equal  with  the  House 
in  legislation  save  in  the  one  point  noted,  bills  for  rais- 
ing revenue  must  originate  in  the  House ;  but  the  Senate 
may  propose  amendments  to  such  bills  (23). 

(b)  Executive — connection   with.       The   President 
nominates  candidates  for  ambassadors,  consuls,  judges 
of  the  Federal  courts  and  members  of  his  cabinet,  but 
the  Senate  confirms  or  rejects  these  nominations  (63). 
The  President  frames  treaties  with  foreign  nations;  the 
Senate  refuses  or  accepts  them  by  a  two-thirds  vote  of 
those  present;    or  it  may  return  an  amendment  of  the 
treaty  to  the  President  (63).      In  confirming  the  Presi- 
dent's nominations  or  voting  upon  a  treaty  the  Senate 
does   not  allow  spectators   in  the   room, — it  goes   into 
executive  session. 

(c)  Judicial — as   a   court.      While   the   House   has 
power  of    impeachment — or,    in   other  words,    making 
the  charge — the  Senate  tries  the  case,  sitting  as  a  court. 
If  the  President  of  the  United  States  should  be  tried  the 
Chief  Justice  of  the  Supreme  Court  would  preside.     A 
two-thirds  vote  of  those  present  is  necessary  for  con- 
viction.     The  sentence  pronounced   can  go  no  farther 
than  disqualification  for  office  under  the  Federal   Gov- 
ernment, but  the  courts  of  law  may  then  try  and  punish 
the  accused  (13,  14). 


90  OUTLINES   OF   CIVIL   GOVERNMENT 


RECITATION  OUTLINE— CHAPTER  XIII 

THE    LEGISLATIVE   DEPARTMENT     (continued)  I    LAW- 
MAKING    IN    THE    TWO    HOUSES 

(Entire  Chapter  Optional) 

1.  Provisions  common  to  the  two  Houses. 

(1)  Acceptance  of  members  (17). 

(2)  Attendance  (17). 

(3)  Rules  (18). 

(4)  Punishment  (18). 

(5)  Journal  (19). 

(6)  Yea  and  nay  vote  (19). 

(7)  Adjournment  (20). 

2.  Work  of  committees.      (See  text,  p.  93.) 

(1)  In  the  House. 

(2)  In  the  Senate. 

(3)  Conference  committees. 

3.  Lobbying. 

4.  Passage  of  a  bill  *  originating  in  the  House. 

(1)  In  the  House  (24). 

(2)  In  the  Senate. 

(3)  Signatures. 

(4)  Three  ways  of  its  becoming  a  Iaw0 
Filibustering. 

*  Also  order,  resolution,  vote  (25). 


OUTLINES   OF   CIVIL   GOVERNMENT  91 

5.   Work  of  Congress. 

(1)  War:   army  and  navy. 

f  Declare  (36). 
War  •<  Letters  of  marque  and  reprisal  (36). 

(.  Rules  of  capture  (36). 
Army. 

Raise  and  support  (37). 
Appropriations  limited  (37). 
Rules  for  government  (39). 
Navy. 

Provide  and  maintain  (38). 
Rules  for  government  (39). 
Militia. 

1.  (40) 

Calling        2. 
(purposes)  3. 

1-  ,       (41) 

Governing  2. 

3. 

(  Officers  (41). 
Limitations  \  -. 

(  Training. 

(2)  Finance. 

Laying  and  collecting  taxes  (26). 
Direct  (5,  47). 
Indirect — conditions  (26). 

1. 

Purposes      2.  (26) 

3. 

Conditions  J-  .(50) 

£• 

Borrowing  money  (27). 


92  OUTLINES   OF   CIVIL   GOVERNMENT 

Coining  money  (30). 
Fixing  value  of  money  (30). 
Counterfeiting  (31). 
Bankruptcy  (29). 

(3)  Commerce. 

1. 

Regulation  2.  (28) 

3. 

(4)  Justice. 

Supreme  Court  (34). 
Lower  courts  (34). 
International  offences  (35). 
Crimes  on  sea  (35). 
Place  of  trial  (70). 

(5)  Territory  or  property. 

Disposal  (78). 
Government  (78). 
District  of  Columbia  (42). 
Arsenals,  forts,  etc.  (42). 

(6)  Various  powers. 

Weights  and  measures  (30). 
Naturalization  (29). 
Post  offices  and  roads  (32). 
Copyrights  and  patents  (33). 

(7)  Necessary  laws  (43). 
("The  Elastic  Clause.") 


CHAPTER  XIII 

LEGISLATIVE     DEPARTMENT      (continued)  I       LAW-MAKING 
IN    THE    TWO    HOUSES 

1.  (Optional.     See  Recitation  Outline.) 

2.  Work  of  Committees. 

When  a  new  Congress  meets  every  member  of  each 
House  becomes  a  member  of  some  standing  committee. 
The  committee  makes  a  special  study  of  the  subject  upon 
which  it  is  appointed,  examines  bills  relating,  and  advises 
the  other  members  who  rely  upon  its  conclusions;  thus 
legislation  is  largely  the  work  of  committees. 

(a)  In   the    House.       The    Speaker   has    the    power    of 
appointing  members  to  committees  ;*  he  selects  the  leaders 
of  his  party  as  chairmen  of  the  more  important  commit- 
tees, but  he  must  also  place  members   of  the   opposing 
party  upon  the   list.      Every  week  there   is  a  roll  call  by 
states  when  each  member  has  a  chance  to  introduce  a  bill. 
These  are  at  once  referred  to  the  proper  committee,  as 
bills  for  money  expenditure  to  the  Committee  on  Appro- 
priations, questions  of  taxation  to  Ways  and  Means  Com- 
mittee,   etc.      The  members   of   the   committee   study  the 
bill,  amend  or  change  it  as  they  think  best,  then  report  it 
back  to  the  House  favorably  or  adversely.      If  the  latter, 
the  bill  is  said  to  be  "killed"  by  the  committee. 

(b)  In    the    Senate.      The   Senate    committees    are   not 
appointed  but  elected  by  vote  of  the  senators ;  their  work 
is  the  same  as  those  in  the  House. 

*  What  exception  to  this  since  1910? 


94  OUTLINES   OF   CIVIL   GOVERNMENT 

(c)  Conference  committees.  If  the  House  and  Senate 
cannot  agree  upon  a  bill,  conference  committees  are 
appointed  by  each  House  to  meet  and  come  to  an  agree- 
ment if  possible,  when  each  House  acts  upon  the  compro- 
mised bill.  Example:  The  resolution  to  aid  the  Cubans 
was  the  result  of  conference ;  the  Senate  strongly  advocated 
the  recognition  of  Cuban  independence,  the  House  opposed 
it. 

3.    Lobbying. 

Large  business  concerns  which  may  be  affected  by 
change  in  laws,  as  manufacturing  interests  by  change  in 
tariff,  usually  employ  a  lawyer  or  other  agent  to  remain 
in  Washington  during  a  session  of  Congress  and  if  possi- 
ble influence  members  of  Congress  to  legislate  in  their 
favor,  or  at  least  not  adversely.  This  may  be  by  legiti- 
mate influence  or  it  may  be  by  bribes.  As  other  than 
members  are  not  admitted  to  the  floor,  either  of  the  Senate 
chamber  or  of  the  Hall  of  Representatives,  the  members 
meet  the  agents  in  the  lobby  (hall),  hence  the  name — 
lobbying. 


OUTLINES   OF   CIVIL   GOVERNMENT  95 


RECITATION   OUTLINE— CHAPTER  XIV 
EXECUTIVE  DEPARTMENT:    i.  VESTED;     n.  CABINET; 

III.    PRESIDENT 

I.  .How  the  executive  power  is  vested. 
II.    Cabinet. 
III.    President. 

1.  Qualifications. 

2.  Vacancy. 

3.  Salary. 

4.  Election. 

(1)  Electors. 

(2)  Manner  of  voting, 

(3)  Making  returns. 

(4)  Counting  the  vote. 

(5)  Election  of  the  President  by  House  of  Repre- 

sentatives (96). 
(Optional.) 

(6)  Election  of  Vice  President  by  the  Senate  (97). 
(Optional.) 

5.  Term. 

6.  Inauguration. 

7.  Work  (Optional). 

f  Treaties  (63). 
|   Diplomats       and 
(1)  Relation  to  foreign  affairs  <j        consuls  (63). 

Foreign  represent- 
[      atives  (65). 


OUTLINES   OF   CIVIL   GOVERNMENT 


Commander-in-chief  (62). 

r  Army  (62). 
(2)  Relation  to  war)  Navy  (62). 

(  State  militia  (62). 

{  Message  (65).     , 
Veto  (24). 


(3)  Relation  to  legislation 


Calling  or  adjourning 


Congress  (65). 
Execute  laws  (65). 

(4)   Relation  to  judiciary  j  Pardons  (62)" 

I  Reprieves  (62). 

'  With    consent    of  Senate 

(63). 

Without    Senate's     ap- 
proval  (63). 
Vacancies  (65). 
Commissions   (65). 


(5)  Appointive  power 


(a)  Spoils  system. 

(b)  Checks — civil  service  laws. 


CHAPTER  XIV 
EXECUTIVE  DEPARTMENT:  i.  VESTED;  11.  CABINET; 

III.   PRESIDENT 

I.  How  the  executive  power  is  vested. 

The  Constitution  reads,  "The  executive  power  shall  be 
vested  in  a  President  of  the  United  States' '  (55).  Although 
not  directly  providing  for,  it  recognizes  the  need  of  subor- 
dinate departments:  "He  (President)  may  require  the 
opinion  in  writing  of  principal  officers  of  each  of  the 
executive  departments  on  any  subject  relating  to  the  duties 
of  their  respective  offices  "  (62).  As  there  was  need,  nine 
departments  have  been  established:  Department  of  State, 
of  Treasury,  of  War,  of  Navy,  of  Justice,,  of  the  Post 
Office,  of  Interior,  of  Agriculture  and  of  Commerce.  The 
Vice  President  is  not  a  member  of  the  executive. 

II.  Cabinet. 

The  heads  of  these  departments,  Secretary  of  State,  of 
Treasury,  of  War,  of  Navy,  Attorney-general,  Postmaster- 
general,  Secretary  of  the  Interior,  Secretary  of  Agricul- 
ture, Secretary  of  Commerce,  nominated  by  the  President, 
confirmed  by  the  Senate,*  make  up  the  President's  Cabi- 
net. They  consult  with  him  upon  general  executive  busi- 
ness as  well  as  act  for  him  in  their  respective  departments. 

*  The  President  must  have  perfect  freedom  of  choice.  "Sena- 
torial courtesy"  demands  a  prompt  confirmation  by  Senate  of  his 
selection  of  Cabinet  officers. 


98  OUTLINES   OF   CIVIL   GOVERNMENT 

III.      President. 

1.  Qualifications.      The    President   must    be    a   natural 
born  citizen  of  the  United  States,  thirty-five  years  or  more 
of  age,   and  fourteen  years  a  resident  within  the  United 
States  (58). 

2.  Vacancy.      In  case  of  vacancy  *  in  the  Presidential 
office  the  Vice  President  succeeds  to  it.      The  qualifica- 
tions for  Vice  President   are  the   same   as   for  President 
(59).      If  there  should  be  a  vacancy  in  both  offices,  mem- 
bers of  the  Cabinet  might  become  President,  in  the  order 
named  above  (59). 

3.  Salary.      The  President's  salary  cannot  be  increased 
or  diminished  during  his  term  of   office;    "he  shall  not 
receive  within  that  period  any  other  emolument  from  the 
United  States  or  any  of  them"  (60). 

Note. — President's  salary  is  $75,000,  with  $25,000  additional  for 
traveling  expenses. 

4.  Election. 

(1)  Electors.      The  President  is  elected  by  indirect 
vote;   in  November  of  every  leap  year,  the  same  time,  a 
new  House  is  elected;  the  voters  of  each  state  choose  as 
many  men  called  electors  as  the  state  has  senators  and 
representatives.      No   person   holding   office  under   the 
Federal  Government  may  be  an  elector  (56). 

(2)  Manner  of  voting.      The  electors  meet  at  their 
state    capital    in   January    following    their    election    in 
November,  and  vote  by  ballot  for  President  and  Vice 
President,  "one  of  whom,  at  least,  shall  not  be  an  in- 
habitant of  the  same  state  as  themselves"  (96).      It  was 

*  Vacancy  might  occur  through  death  or  through  removal  by 
impeachment. 


OUTLINES   OF   CIVIL   GOVERNMENT  99 

intended  by  the  Constitution  makers  that  the  electors 
should  use  their  own  judgment  in  selecting  candidates 
for  their  party,  but  in  practice  they  simply  vote  for  the 
candidates  their  party  has  previously  nominated.  As 
soon  as  it  is  known  in  November  what  electors  have 
been  chosen  it  is  known  who  is  President. 

(3)  Making  returns.      The  electors  send  to  President 
of  the  Senate  a  list  of  "all  persons  voted  for  as  Presi- 
dent, and  of  all  persons  voted  for  as  Vice  President,  and* 
of  the  number  of  votes  for  each"  (96). 

(4)  Counting  the  vote.      The  Senate  meets  with  the 
House  while  the  President  of  the  Senate  counts  the  votes 
of  the  electors.*     He  declares  those  candidates  elected 
President  and  Vice  President  who  have  each  received  a 
majority  of  the  votes  of  the  whole  number  of  electors 
(Electoral  College)  (96). 

Note. — Minority  President.  It  happens  that  a  President  may 
be  elected  by  a  minority  of  all  the  votes  cast  by  the  people.  In 
1886  Mr.  Harrison,  although  receiving  95,534  votes  less  than  Mr. 
Cleveland,  was  yet  elected  President.  How  this  is  possible.  In 
a  state  the  number  of  votes  cast  for  electors  by  the  defeated 
parties  may  together  aggregate  more  than  the  number  of  votes 
cast  by  the  victorious  party  which  has  won  its  electors  by  a  plu- 
rality vote.  To  return  to  our  simple  illustration  (Part  I,  p.  7). 
Although  Cook  had  650  votes  and  won  by  a  plurality  of  50  there 
were  600  +  500  votes  wasted, — a  larger  number  than  650.  This  is 
what  happens  in  numerous  states  perhaps.  Since  the  votes  of  the 
defeated  parties  of  one  state  cannot  be  added  to  those  of  another 
state,  these  wasted  votes  may  aggregate  a  larger  sum  than  the 
plurality  vote  for  the  electors  of  the  successful  candidate. 

(5)  Election  of  President  by  the  House  (Optional 
96,  102). 

*  The  following  February. 


100  OUTLINES   OF   CIVIL   GOVERNMENT 

(6)  Election   of  the  Vice   President  by  the  Senate 
(Optional  97,  102). 

5.  Term.     The  President  and  Vice  President  are  elected 
for  a  term  of  four  years.      No  President  has  been  elected 
for  more  than  two  terms  although  there  is  no  limit  by  law 
or  Constitution  (55). 

6.  Inauguration.      On  March  4th,  following  election  in 
November,  the  President  and  Vice  President  take  the  oath 
of  office.      (See  form  of  oath,  61.) 

7.  Work  of  the  President  (Optional  topics). 

(1)  Relation  to  foreign  affairs.      The  President,  as 
we    know,    with    the    sanction    of    the    Senate,    makes 
treaties  with   foreign  countries  and  appoints  diplomats 
and  consuls  to  them.      He  also  receives  representatives 
sent  by  other  countries*    (63,  65).      He  may  lead  the 
movement    for    acquisition    of    territory,    through    his 
treaty-making  power. 

(2)  Relation  to  war.      He  is  commander-in-chief  of 
army  and  navy  and  of  state  militia  when  in  the  service 
of  the  Federal  Government  (62). 

(3)  Relation  to   legislation.      The   President's   con- 
nection with   the   legislative  department  is  slight  com- 
pared with  the  relation  of  the  executive  to  the  legislative 
department  of  other  countries.      He  sends  an  annual  or 
special    message   to    Congress,    giving   his    opinion    on 
affairs,  but  Congress  is  not  obliged  to  follow  his  advice 
(65) ;  he  has,  however,  some  power  to  check  legislation 
he  does  not  approve  by  his  power  of  veto  (24).      As 

*  This  is  important  because  the  acceptance  of  a  representative 
recognizes  a  nation.  For  example,  France  recognized  us  as  a 
nation  during  the  Revolution  when  she  received  our  ministers. 


OUTLINES   OF   CIVIL   GOVERNMENT  101 

stated  he  may  call  special  session  of  one  or  both  houses, 
and  adjourn  them  if  they  fail  to  agree  as  to  time  of 
adjournment.  "He  shall  take  care  that  the  laws  are 
faithfully  executed"  (65). 

(4)  Relation  to  judiciary.      He  has  power  to  grant 
reprieves  and  pardons  in  criminal  cases  sentenced  in  the 
Federal  courts  (62). 

(5)  Appointive  power.      Beside  diplomats  and  con- 
suls  the   President  appoints,    with   the   consent  of  the 
Senate,  judges  of  the  Federal  courts,  certain  postmasters 
and   custom   officers,  and  a  host  of  other   civil   officers 
without   the   Senate's   sanction.      It  takes   most   of    the 
time  and  strength  of  a  new  President  to  fill  these  places 
(63). 

(a)  Spoils    system.       When  Andrew  Jackson  be- 
came President  he  assumed  the  right  of  removing 
civil  officers  of  the  United  States  *  and  of  appointing 
his   political    friends  to  the  vacancies.      Since  then 
the  watchword   of  the  victorious  party  has  been, — 
"To  the  victors  belong  the  spoils,"  there  has  been 
this  fourth-yearly  overturning. 

(b)  Checks  to  spoils  system, — civil  service  laws. 
Congress,  in  1883,  passed  a  law  requiring  written 
examinations  of  candidates  for  certain  offices, — none 
of    them    very    important.       Civil    service    commis- 
sioners,   appointed  by  the  President,   carry  out  the 
law   by   providing   competitive    tests    and    Delecting 
candidates  according  to  rank  obtained.      More  posi- 
tions filled  in  this  way  are  added  year  by  year. 

*  No  President  had  before  assumed  that  right;    the  Constitu- 
tion made  no  provision  for  their  removal. 


102  OUTLINES   OF   CIVIL   GOVERNMENT 

Other  laws  helping  on  reform  forbid  a  polit- 
ical party  to  collect  a  tax  from  United  States  officers 
for  funds  to  carry  on  a  political  campaign;  also  for- 
bid such  officers  taking  active  part  in  work  for  their 
party. 

It  rests  largely  with  the  President  whether 
or  not  these  laws  are  carried  out. 


OUTLINES   OF   CIVIL   GOVERNMENT  103 


RECITATION   OUTLINE—  CHAPTER  XV 

EXECUTIVE  DEPARTMENT  (continued)  I  I.  DEPARTMENT 
OF  STATE  ;  II.  DEPARTMENT  OF  TREASURY 

I.      Department  of  State. 

1.  Work. 

2.  Foreign  service. 
(1)  Diplomatic. 

(a) 


(<*) 

(2)  Consular. 

II.      Treasury  Department. 

1.  Work. 

2.  Taxation  by  United  States. 

(1)  Internal  Revenue. 
Districts. 

(2)  Customs. 

(a)  Protective  tariff. 

(b)  Revenue  tariff. 

(c)  Districts. 

3.  Money  and  coinage. 

(1)  Paper  money  or  currency. 

(a)  Treasury  notes. 

(b)  Gold  and  silver  certificates. 

(c)  Bank  notes. 

(d)  How  made. 


104  OUTLINES   OF  CIVIL   GOVERNMENT 

(2)   Coin. 

(a)  Metals  used. 

(b)  Gold  standard. 

(c)  Free  coinage  of  gold. 

(d)  Limited  coinage  of  silver. 

(e)  Light-weight  silver  coins. 

(f)  Seigniorage. 
4.   National  Banks. 


CHAPTER  XV 

EXECUTIVE  DEPARTMENT  (continued)  :  I.  DEPARTMENT 
OF  STATE  ;  II.  DEPARTMENT  OF  TREASURY 

I.      Department  of  State. 

1.  Work.      The    State   Department  has   charge   of   our 
relations   with   foreign   countries.      The  Secretary  is  the 
President's   agent   in  shaping  the   foreign  policy   of  the 
Administration  so  far  as  it  is  uncontrolled  by  Congress. 
The   Secretary  gives   instructions  'to   our   diplomats   and 
consuls  abroad,  they  in  turn  are  simply  his  agents.      Any 
formal    communication   with    another    country   is    always 
through    the   Secretary   and    our    representatives    in    that 
country,  or  through  the  foreign  diplomats  at  Washington 
and  the  Secretary. 

2.  Foreign  service   is   divided   into  two  branches,    (1) 
Diplomatic,  (2)  Consular. 

(1)  Diplomatic  agents   attend  to  the  political  rela- 
tions between  the  United   States  and  the   countries  to 
which  they  are  sent.      There  are  four  classes  of  diplo- 
mats according  to  the  size  and  importance  of  the  coun- 
try.    We   receive   from   a   country   the    same    class    of 
representatives  that  we  send. 

Note. — (a)  Ambassadors,  sent  to  the  more  powerful  nations, 
as  England,  Germany,  Russia,  etc.  (b)  Envoys-extraordinary 
and  ministers-plenipotentiary, — Netherlands,  Belgium,  Austria, 
etc.  (c)  Ministers-resident, — Siam,  Persia,  etc.  (d)  Charge 
d'Affaires, — Santo  Domingo,  etc. 

(2)  Consular    service    looks    after   our    commercial 
interests    in    a    foreign    country,    also    the    welfare    of 


106  OUTLINES   OF   CIVIL   GOVERNMENT 

American  citizens  there  for  a  time.  A  consul  is 
appointed  in  each  consular  district  into  which  we  have 
divided  foreign  countries.  He  sees  that  laws  relating 
to  commerce  are  enforced;  he  records  details  of  Ameri- 
can shipping  coming  to  his  ports,  he  protects  or  aids 
our  seamen  in  need. 

Travelers.  The  consul  grants  passports  to 
Americans  traveling  through  those  countries  suspicious 
of  strangers ;  he  transacts  legal  business  for  these  trav- 
elers, as  making  wills,  or  deeds,  or  settling  estates  of 
those  deceased. 

Note. — Work  at  home.     The  Secretary  of  State  keeps  the  great  • 
seal  of   the  United    States,  provides  for  the  publication  of   laws, 
treaties  and  Presidential  messages,  and  keeps  the  original  copies 
of  these   and   other  official   documents, — the  "archives"  of   the 
United  States. 

II.      Treasury  Department. 

1.  Work.      The  United  States  Government  has  the  right 
to  lay  taxes,  to  borrow  money.      The  Treasury  Department 
carries  out  the  financial  measures  voted  by  Congress.      The 
Secretary  is  at  the  head  of  this  department,  with  an  over- 
sight of  its  various  sub-divisions. 

2.  Taxation  by  United  States.      Funds  to  carry  on  the 
Federal   Government  are  chiefly  raised  by  indirect  taxa- 
tions   (1)  Internal  Revenue;    (2)  Customs.      Direct  taxa- 
tion *  by  the  United  States  Government  has  been  and  may 
be  employed,  although  not  now  in  force. 

*  Direct  taxation  as  well  as  representation  must  be  according 
to  population  ascertained  by  the  census  (5).  There  is  now 
(March,  1910)  a  proposed  amendment  of  the  Constitution  to  be 
accepted  or  rejected  by  state  legislatures,  which  provides  for  a 
Federal  tax  on  incomes  from  whatever  source  derived  without 
apportionment  among  the  states  of  the  Union. 


OUTLINES   OF   CIVIL   GOVERNMENT  107 

(1)  Internal  Revenue  (excise  duties).      Internal  rev- 
enue consists  of  the  taxes  laid  on   goods  produced  in 
the    country,    generally    upon    alcoholic     liquors     and 
tobacco.      The  producer  or  seller  first  pays  the  tax — 
generally    in    the    form    of    stamps    purchased    of    the 
Federal  Government — but  adds   it  to  the  price   asked, 
hence  it  is  paid  in  the  end  by  the  consumer.      When  the 
government  needs  to  raise  a  larger  sum,  as  during  the 
Spanish  War,  Congress  places  the  tax  upon  other  arti- 
cles,— as  tea,  bank  checks,  telegrams,  express  packages, 
etc.      In    1909    a    law    was    Dassed    levying    a    tax    on 
corporations.* 

Districts.      The  country  is  divided  into  internal 
revenue  districts,  a  collector  appointed  for  each  district, 

(2)  Customs  (duties,  imposts)    are  taxes   laid  upon 
goods   brought    into    the   United    States.      Customs    or 
tariff — a  more  common  name — may  be  divided   into  (a) 
protective  tariff;   (b)  revenue  tariff, — though    it   is  not 
easy  to  say  where  the  one  begins  and  the  other  leaves  off. 

(a)  A  protective  tariff  is  a  tax   laid  upon   certain 
classes  of  imported  goods  which  are  also  made  by  a 
new  home  industry;   this  prevents  undue  competition 
from  abroad  and  enables  the  infant  industry  to  grow. 

(b)  Revenue  tariff  is  a  tax  laid  for  the  purpose  of 
raising  money   for   the   government   upon   imported 
articles,    not    the    necessaries    of    life,    but    certain 
luxuries,     usually    those    which     home     production 
abundantly  supplies. 

(c)  Districts.      The   coast    line  and  the   north  and 

*  Protested  as  unconstitutional  on  ground  of  its  being  in  nature 
of  a  direct  tax. 


108  OUTLINES   OF   CIVIL   GOVERNMENT 

south  boundaries  of  the  United  States  are  divided  into 
customs  districts.  These  have  certain  ports  of  entry 
where  custom  houses  are  located  through  which  duti- 
able goods  must  pass.  Revenue  collectors  '  are 
stationed  at  these  places. 

3.   Money    and    Coinage.      The   Treasury    Department 
provides  both  paper  money  and  coin. 

(1)  Paper  money  or  currency.      We  find  in  circula- 
tion   (a)  treasury   notes   or   "greenbacks,"    which    the 
United    States    has    made     legal     tender, — that     is,     a 
medium  for  the  payment  of  debt — for  which  the  Treas- 
ury will  usually  pay  gold  although  not  pledged  to  do 
so;   (b)  gold  and  silver  certificates  which  are  put  in  cir- 
culation instead  of  the  amount  of  gold  and  silver  coin 
which  they  represent,  actually  stored  in  the  Treasury; 
(c)  bank  notes  issued  by  national  banks   (see  National 
Banks,  p.  110) ;   (d)  how  made.      The  bureau  of  print- 
ing and  engraving  prepares  this  paper  money  most  care- 
fully that   counterfeiting  may  not  be   easy.      After   its 
manufacture  the  signature  of  certain  officials  is  neces- 
sary, it  is  then  sent  into  circulation  in  payment  of  United 
States  expenses. 

(2)  Coin. 

(a)  The  metals  used  for  coinage  are  gold,  silver, 
nickel  and  copper.*  The  smaller  silver  coins  (below 
a  dollar)  may  be  used  in  payment  of  debt  up  to  ten 
dollars;  above  that  no  one  is  obliged  to  receive  them 
as  legal  tender.! 

*  Name  the  denominations  in  each  metal.     Since  1893  the  one 
and  the  three  dollar  gold  pieces  have  not  been  coined, 
t  Pennies  and  nickels  only  to  twenty-five  cents. 


OUTLINES   OF   CIVIL   GOVERNMENT  109 

(b)  Gold  standard.     We  are  supposed  as  a  nation 
to  maintain  the  gold  standard;  that  is,  every  paper 
and  silver  dollar  presented  at  the  Treasury  would  in 
theory  be  exchangeable  for  a  gold  dollar;  practically 
this  is  not  true. 

(c)  Free  coinage  of  gold.     One  may  carry  23.22 
grains  of  gold  bullion  to  the  mint  and  exchange  for 
a  gold  dollar  which  contains  the  same  amount  of  gold 
by  paying  for  the  extra  2.58  grains  of  copper  alloy 
in  the  gold  dollar  (23.22  grs.  gold  -j-  2.58  grs.  copper 
=  25.80  grs.,  weight  of  a  gold  dollar).     Any  amount 
of  gold  people  choose  to  carry  will  be  coined  thus 
by  the  United  States,  practically  "free." 

(d)  Limited  coinage  of  silver — not  "free  silver." 
The  coinage  of  silver  is  limited;    one  may  not  ex- 
change   silver    bullion    for    silver    coin,    ounce    for 
ounce.      If  one  might  make  the  exchange  as  in  the 
case  of   gold,    this  would  be  what   is   called   "free 
silver. " 

(e)  Light-weight  silver  coins.      The  smaller  silver 
coins  are  purposely  made  light  weight  that  people 
may  not  withdraw  them  from  circulation. 

Note. — If  one  dollar  in  gold  hruy  515  grains  of  silver  only  412£ 
grains  are  put  in  the  silver  dollar.  If  the  515  grains  were  used 
and  the  price  of  silver  rose,  then  one  dollar  in  gold  would  buy  less 
than  515  grains,  and  it  would  be  more  profitable  to  use  the  silver 
dollars — each  containing  the  515  grains — in  manufacture  of  silver 
articles  than  to  buy  the  silver  bullion.  There  is  no  profit  in 
withdrawing  the  light-weight  coin  to  use  in  manufactures,  there- 
fore they  remain  in  circulation.  So  long  as  there  are  no  more 
of  these  than  are  needed  in  circulation,  and  so  long  as  they  are 
exchangeable  for  gold  dollars,  this  token  money  circulates  at  its 
face  (marked)  value. 


110  OUTLINES   OF   CIVIL   GOVERNMENT 

(f)  Seigniorage.  This  extra  silver  which  the 
government  extracts  from  the  light-weight  coin*  is 
used  for  further  light-weight  coinage — coining  the 
seigniorage,  it  is  called. 

Note. — Mints.  United  States  provides  for  coinage  at  four 
mints ;  the  principal  one  at  Philadelphia,  lesser  ones  at  Carson 
City,  New  Orleans  and  San  Francisco.  Treasury  and  sub-treas- 
uries. The  storage  of  money  is  at  the  Treasury  in  Washington, 
and  at  sub-treasuries  in  Boston,  New  York,  Philadelphia, 
Baltimore,  Cincinnati.  Chicago,  St.  Louis,  New  Orleans,  San 
Francisco. 

4.  National  Banks.  National  banks — or  banks  of  issue 
— besides  their  ordinary  banking  business  are  permitted 
to  issue  paper  money, — bank  notes.  A  company  in  a 
town  or  state  which  wishes  to  establish  a  national  bank 
subscribes  a  certain  sum  of  money,  for  example  $100,000, 
with  which  it  must  buy  United  States  bonds.  These 
bonds  and  a  small  per  cent  called  a  redemption  fund  f 
are  deposited  with  the  Comptroller  of  the  Currency — the 
Federal  officer  in  charge  of  the  system.  He  sends  the 
bank  notes,  or  bills,  to  the  amount  of  $90,000,  which, 
when  signed  by  certain  bank  officers,  become  so  much 
money  to  be  put  in  circulation.  In  case  the  bank  fails 
the  Comptroller  has  the  deposited  United  States  bonds  to 
make  good  the  paper  money  which  would  otherwise  be 
worthless.  There  is  then  no  hesitation  in  receiving  any 
bank  bill. 


*  Dollar  is  worth  about  seventy-five  cents,  a  half  dollar  about 
thirty-five  cents, — varies  with  the  market  price  of  silver. 

tTo  pay  the  expense  of  making  the  bank  bills  good  in  case  of 
the  failure  of  the  bank. 


OUTLINES   OF   CIVIL   GOVERNMENT  111 

Note. — (a)  Other  commercial  interests.  As  the  department 
has  so  large  a  control  of  commerce,  other  commercial  interests 
are  entrusted  to  it,  as  the  enforcement  of  navigation  laws,  immi- 
gration laws,  care  of  lighthouses,  buoys,  life-saving  stations, 
coast  survey,  improvement  of  rivers  and  harbors,  erection  of 
hospitals  for  seamen,  application  of  the  sealing  laws  in  Alaska, 
publication  of  statistics  of  trade,  etc.  (b)  Auditing  accounts. 
The  Treasury  Department  through  several  of  its  bureaus  audits 
all  Federal  accounts,  (c)  Treasurer  of  the  United  States  pays 
out  all  money  for  the  government  according  to  order,  (d)  Esti- 
mate of  expenses.  This  department  also  sends  to  Congress  a 
yearly  estimate — sometimes  called  the  budget — of  the  sum  neces- 
sary to  pay  government  expenses  the  ensuing  year. 


112  OUTLINES   OF   CIVIL   GOVERNMENT 


RECITATION   OUTLINE— CHAPTER   XVI 

EXECUTIVE  DEPARTMENT  (continued)  :  III.  DEPARTMENT 
OF  WAR  ;  IV.  DEPARTMENT  OF  NAVY  ;  V.  DEPART- 
MENT OF  JUSTICE  ;  VI.  DEPARTMENT  OF  POST  OFFICE  ; 
VII.  DEPARTMENT  OF  INTERIOR  ;  VIII.  DEPARTMENT 
OF  AGRICULTURE  ;  IX.  DEPARTMENT  OF  COMMERCE 

III.  Department  of  War. 

1.  Revie\v  summary. 

2.  Bureaus. 

(1)  Adjutant  General's  department. 

(2)  Quartermaster  General's  department. 

(3)  Commissary  General's  department. 

(4)  Surgeon  General's  department. 

(5)  Paymaster  General's  department. 

(6)  Signal  service. 

3.  Schools. 

IV.  Department  of  the  Navy. 

1.  Various  bureaus. 

(1)  Yards  and  docks. 

(2)  Other  bureaus. 

2.  Naval  Academy. 
V.      Department  of  Justice. 

Attorney  General. 
VI.     Post  Office  Department. 

1.  Work. 

2.  Appointment  of  postmasters. 


OUTLINES   OF   CIVIL   GOVERNMENT  113 

VII.      Department  of  the  Interior. 

1.  Public  lands. 
Care. 
Grants. 
Conservation. 

2.  Indians. 

3.  Census. 

4.  Patents. 

5.  Pensions. 

VIII.      Department  of  Agriculture. 

1.  Secretary. 

2.  Weather  bureau. 

3.  Bureau  of  Forestry. 
IX.      Department  of  Commerceo 


CHAPTER   XVI 

EXECUTIVE  DEPARTMENT   (continued^)  :  DEPARTMENTS  OF 

AVAR  ;   NAVY  ;  JUSTICE  ;    POST  OFFICE  ;    INTERIOR  ; 

AGRICULTURE  ;    COMMERCE 

III.      Department  of  War. 

1.  Review  summary.     We  see  that  the  states  (as  states) 
have  little  to  say  on  the  question  of  war  save  to  furnish  the 
men;    Congress    and    the    President    are   responsible    for 
declaring  and  carrying  on  war.      Congress  declares  war, 
votes  the  necessary  money,  makes  rules  concerning  cap- 
tures, fits  out  vessels  to  prey  upon  the  enemy's  commerce 
and  in  time  its  upper  House  ratifies  terms  of  peace.      To 
the  President,  as  commander-in-chief  of  army  and  navy,  is 
left  the  prosecution  of  the  war.      To  him  and  his  repre- 
sentatives, the  Secretary  of  War  and  the  Secretary  of  the 
Navy,  belongs  the  credit  of  its  success  or  the  blame  for  its 
mismanagement  or  failure. 

2.  Bureaus.      The  War  Department  is  divided  among 
ten  bureaus  supervised  by  army  officers.      Among  the  most 
important  are  those  of: — 

(1)  Adjutant    General   who    attends    to    enlistment, 
recording  and  discharge  of  soldiers. 

(2)  Quartermaster   General   who   finds   all   supplies 
for  soldiers  except  food,  and  attends  to  the  transporta- 
tion of  the  same  as  well  as  food. 

(3)  Commissary  General  who  provides  the  food. 

(4)  Surgeon  General  who  directs  the  medical  care  of 
soldiers. 

(5)  Paymaster  General  who  pays  the  bills. 


OUTLINES   OF   CIVIL   GOVERNMENT  115 

(6)  Signal  service  which  provides  communication 
between  the  forces  by  means  of  signals  by  flags  or 
colored  lights,  balloons,  etc.,  when  ordinary  methods 
cannot  be  used. 

3.  Schools.  The  military  academy  at  West  Point, 
which  gives  boys  a  military  training  fitting  them  to  be- 
come in  time  army  officers,  is  under  the  supervision  of 
the  War  Department;  also  school  at  Fort  Whipple,  Va., 
for  training  of  Signal  Service  men. 

Note. — There  are  four  other  bureaus, — one  of  artillery,  of  ord- 
nance, of  forts  and  bridges,  and  a  courts-martial,  or  court  for  the 
trial  of  soldiers. 

IV.  Department  of  the  Navy. 

The  work  of  the  Navy  Department  is  divided  among 
eight  bureaus. 

1.  Bureaus. 

(1)  Yards  and  docks.      This  bureau  superintends  all 
matters  relating  to  the  various  ports  which  the  United 
States  has  selected  for  its  navy  yards, — that  is,  places 
where  its  ships  are  built  or  repaired,  where  they  find 
wharfage,  and  where  supplies  are  stored. 

(2)  Other    bureaus,    their  work   indicated  by  their 
names,  are  of  construction  and  repair,  navigation,  ord- 
nance, steam  engineering,  supplies  and  accounts,  medi- 
cine and  surgery,  equipment. 

2.  Naval  Academy  at  Annapolis,  Md.,  under  the  super- 
vision of  the  Secretary,  is  for  the  training  of  naval  officers. 

V.  Department  of  Justice. 

The  Attorney  General  at  the  head  of  the  Department  of 
Justice,  stands  in  the  same  relation  to  the  Federal  Govern- 


116  OUTLINES   OF   CIVIL   GOVERNMENT 

ment  that  the  state's  attorney*  does  to  the  state.  He 
advises  the  President  and  his  Cabinet  upon  legal  ques- 
tions, he  prosecutes  for  the  Federal  Government  in  its 
cases  before  the  Supreme  Court,  he  has  some  control  of 
district  attorneys  and  marshals  connected  with  the  Federal 
courts. 

VI.      Post  Office  Department. 

1.  Work.       This    department,     under    the    Postmaster 
General,  provides   for  mail   service   in  the  United  States 
and  between  this  and  foreign  countries.      The  Postmaster 
General  or  the  heads  of  the  various  bureaus  establish  post 
offices,  mail  routes,  t  free   delivery  of  mail   in  rural   dis- 
tricts, large  towns  or  cities,  provide  for  sending  money  by 
registered  letter  or  money  order,  and  attend  to  the  manu- 
facture of  stamps,  stamped  envelopes,  post  cards,  etc. 

2.  Appointment  of  postmasters.      In  first,  second,  third 
class  offices,  where  the  salary  is  one  thousand  dollars  or 
more,  the  postmaster  receives  his  appointment  from  the 
President,     confirmed    by   the   Senate.      The   fourth-class 
postmasters,  having  a  less   salary,   are   appointed  by  the 
Postmaster  General. 

*  Called  attorney  general,  district  or  state's  attorney  accord- 
ing to  the  custom  of  the  state. 

t  One  of  the  powers  granted  Congress  by  the  Constitution  (32) 
is  the  establishment  of  post  offices  and  post  roads.  Contract  is 
made  with  certain  railways  to  carry  the  mails ;  these  may  be 
regarded  as  "post  roads,"  and  any  interference  with  carrying  the 
mail  upon  them  is  punishable  by  United  States  authority.  Ex- 
ample: President  Cleveland  sent  United  States  troops  to  Chicago 
during  a  railway  strike  to  prevent  strikers  from  interfering  with 
the  running  of  the  trains. 


OUTLINES   OF   CIVIL   GOVERNMENT  117 

Note. — Classes  of  mail  matter.  There  are  four  classes,  with 
different  prices  per  ounce :  1.  Written  matter  in  sealed  packages. 
2.  Publications  as  newspapers  sent  directly  from  the  printing 
office,  postage  paid  by  the  publisher.  3.  All  sorts  of  printed  mat- 
ter. 4.  Packages  of  merchandise. 

VII.      Department  of  Interior. 

The  Department  of  the  Interior  attends  to  a  wide  variety 
of  interests.  The  Secretary  of  Interior  is  its  responsible 
head.  Some  of  its  duties  are: — 

1.  Public  lands.  The  care  and  sale  of  the  public  lands 
has  been  an  important  part  of  the  business  of  this  depart- 
ment. The  more  desirable  agricultural  lands  have  now 
been  taken  up  save  those  reserved  for  the  use  of  the 
Indians. 

Grants  of  lands.  Congress  has  made  very  liberal  laws 
relating  to  the  sale  of  public  lands,  so  that  practically  the 
people  have  had  farms  merely  by  settling  upon  them. 
Many  acres  have  been  given  to  the  newer  states  for  the 
support  of  schools  and  many  more  are  kept  for  military 
posts. 

Survey  of  lands.  The  lands  are  surveyed  by  direction 
of  the  Federal  Government. 

Note. — A  line  is  chosen  running  east  and  west  called  the  base 
line, — as  a.  b.  Perpendicular  to  it  a  line  extending  north  and 
south — a  selected  meridian, — as  c.  d.  East  and  west  of  the 
selected  meridian  are  rows  of  townships  (themselves  extending 
north  and  south)  called  ranges.  Each  township  is  6  miles  square 
or  36  square  miles  ;  each  square  mile,  called  a  section,  contain- 
ing, of  course,  640  acres,  the  sections  are  divided  again  into  four 
parts,  or  quarter  sections.  It  is  not  difficult  to  locate  a  section  in 
a  township,  since  the  ranges  are  numbered  1,  2,  3,  etc.,  east,  and 
1,  2,  3,  etc.,  west  of  the  meridian;  the  townships  named  or  num- 
bered 1,  2,  3,  north  or  south  of  the  base  line.  Ex.  :  Section  36, 
in  township  2  north,  range  2  east. 


118  OUTLINES   OF   CIVIL   GOVERNMENT 

Conservation  of  natural  resources.  There  is  a  growing 
conviction  that  the  nation  should  guard  carefully  its  natural 
wealth, — as  lands  containing  deposits  of  coal,  iron,  copper, 
petroleum,  silver,  gold,  etc.;  our  national  forests;  our 
great  irrigation  and  water  power.  Heretofore  these  lands 
have  been  granted  to  individuals  or  corporations  as  liber- 
ally as  the  agricultural  lands,  with  little  return  made  to 
the  government  for  them,  or  little  thought  of  the  exhaus- 
tion of  our  bountiful  natural  resources.  Great  fortunes 
have  been  made  and  powerful  trusts  have  sprung  up  from 
the  working  of  these  privileges, — as  mining  coal,  iron, 
gold,  silver;  cutting  the  forests  or  pasturing  great  herds 
of  cattle  on  the  public  lands;  boring  for  oil  or  harnessing 
the  waters  to  produce  electricity  or  steam  motive  power. 
Now,  people  feel  that  these  gifts  of  nature  belong  to  all, 
the  coming  as  well  as  the  present  generation,  that  they 
must  not  be  lavished  on  the  few  to  exploit;  that  they 
should  be  carefully  guarded  and  granted  only  for  an  ade- 
quate return,  for  the  benefit  of  all. 

2,  Indians.  As  this  country  has  taken  the  lands  of  the 
Indians  it  owes  them  at  least  the  duty  of  protection  and 
education.  Since  1871  the  Indians  have  been  treated  as 
the  wards  of  the  nation. 

(a)  There    are    Indians    who    have    left    the    tribe, 
acquired   home   and    land   and  become   citizens   of   the 
United  States. 

(b)  The  mass  of  the  Indians  live  upon  reservations, 
under  the  control  of  a  commissioner  of  Indian  affairs, 
assisted  by  subordinate  agents.      The  lands  of  the  reser- 
vation are  held  for  the  use  of  the  tribe,  or  money  which 
has  come  through  the  sale  of  a  part  of  their  lands  is 


OUTLINES   OF   CIVIL   GOVERNMENT  119 

held  in  trust.  The  aim  is  to  make  each  Indian  a  citi- 
zen, giving  him  his  share  of  tribal  lands  and  money  as 
he  shows  himself  capable  of  self-support  and  care.  But 
many  of  the  tribes  are  opposed  to  this  allotment  and 
prefer  to  live  upon  the  undivided  lands,  fed  and  clothed 
by  the  Federal  Government. 

(c)  In  Indian  Territory,  a  part  of  the  State  of  Okla- 
homa, the  so-called  "five  civilized  tribes"  carry  on 
their  own  local  government.  Many  of  them  have  good 
homes  and  are  well-to-do. 

Schools  are  maintained  on  the  reservations  for 
the  young  Indians,  hoping  thereby  to  civilize  the  rising 
generation. 

3.  Census.  .    The  Constitution  provided  the  first  census 
should  be  taken  in  1790  and  every  subsequent  ten  years. 
The  reports  not  only  give  the  number  of  people  but  such 
statistics   as   are   thought    of   use   regarding   occupations, 
wealth,  nationality^  etc.  (5). 

4.  Patents.      Patent  Office  gives  an  inventor  sole  right 
to  manufacture   his  article   patented  for  a  term  of  years; 
after  that  anyone  may  engage  in  its  manufacture. 

5.  Pensions.      Pensions  are  paid  through  the  Pension 
Bureau  to  soldiers  and   sailors  who  have  received   injury 
during  war  in  the  service  of  the   United  States  or  to  the 
dependent  relatives  of  deceased  soldiers  or  sailors. 

VIII.      Department  of  Agriculture. 

1.  The  Secretary  of  Agriculture  looks  after  the  agri- 
cultural interests  of  the  country;  he  gathers  statistics  help- 
ful to  the  farmer  which  he  sends  forth  in  the  form  of 
agricultural  reports.  .  He  distributes  seeds  and  plants, 
and  supervises  United  States  Agricultural  Stations. 


120  OUTLINES   OF   CIVIL   GOVERNMENT 

2.  Weather  Bureau.      From  signal  stations  throughout 
the  United  States  daily  reports  are  sent  to  Washington  of 
the  observations   on  the  weather.       From   these   reports, 
quite  accurate  predictions  are  made  of  weather  for  a  day 
in  advance,  which  prove  valuable  to  farmers,  sailors,  and 
those  whose  business  is  affected  by  the  weather. 

3.  Bureau  of  Forestry  does  an  important  work  in  caring 
for  our  remaining  national  forests. 

IX.      Department  of  Commerce. 

In  1903  Congress  established  a  Department  of  Com- 
merce which  includes  the  former  Department  of  Labor. 
The  Secretary  at  its  head,  is  a  member  of  the  President's 
Cabinet.  Since  the  United  States  has  become  one  of  the 
first  commercial  nations  it  is  necessary  that  a  separate 
department  look  after  the  interests  both  of  labor  and 
capital,  which  together  with  our  almost  unlimited  natural 
resources  supply  the  sinews  of  commerce. 


OUTLINES  OF   CIVIL   GOVERNMENT  121 

RECITATION    OUTLINE— CHAPTER    XVII 

UNITED  STATES  JUDICIARY 

1.  Consists. 

2.  Separation  from  state  courts. 

3.  Decisions  binding1. 

o 

4.  Procedure. 

5.  Places  of  criminal  trial. 

6.  Judges. 

7.  Jurisdiction  in  cases  involving,-*- 
(Optional.) 

Laws  and  Constitution  of  United  States  (68). 

Public  Ministers. 

On  sea. 

United  States  a  party  in  a  dispute. 

Two  states  in  a  dispute. 

State  against  a  citizen  of  another  state. 

Citizens  of  different  states. 

Citizens  of  state  claiming  lands. 

Citizen  of  a  state  and  foreign  powers  or  citizens. 

8.  Three  grades  of  courts. 
(1)  District  courts. 

(a)  Districts. 

(b)  Judges. 

(c)  Other  officers. 
District  Attorney. 
Marshal. 
Commissioners. 

(d)  Cases  tried. 


122  OUTLINES   OF   CIVIL   GOVERNMENT 

(2)  Circuit  courts. 

(a)  Two    sets:    Circuit    courts;    Circuit   Court   of 

Appeals. 

(b)  Circuits. 

(c)  Circuit  judges. 

(d)  Cases  tried. 

(e)  Circuit  Court  of  Appeals, 

(3)  Supreme  Court. 

(a)  Bench. 

(b)  Session. 

(c)  Appellate  jurisdiction. 

(d)  Original  jurisdiction. 


CHAPTER   XVII 

s 

UNITED  STATES  JUDICIARY 

1.  Consists. 

The  Constitution  reads:  "The  judicial  power  of  the 
United  States  shall  be  vested  in  a  Supreme  court  and  in 
such  inferior  tribunals  as  Congress  may  from  time  to  time 
ordain  and  establish"  (67).  Congress  has  established 
below  the  Supreme  court  two  other  grades  of  courts, — 
District  and  Circuit  courts. 

2.  Separation  from  state  courts. 

We  have  two  distinct  systems — state  and  Federal  courts 
— in  the  same  place.  Congress  could  not,  if  it  wished, 
employ  a  state  court  to  act  for  a  Federal  court, — it  must 
"establish"  inferior  courts.* 

3.  Decisions  binding. 

The  state  courts,  as  we  have  seen,  are  independent  of 
each  other,  but  decisions  of  Federal  courts — though  revers- 
ing state  laws  or  constitution — must  be  followed  by  state 
courts. 

4.  Procedure. 

Federal  courts  use  the  same  forms  of  procedure  as  a  state 
court;  trial  by  jury  in  civil  suits  and  in  criminal  cases  is 
assured  (90,  91).  State  law  is  taken  into  consideration 
and  applied  where  Federal  law  fails  to  cover  the  case. 

5.  Place  of  criminal  trial. 

"Such   trial  (criminal  cases)  shall   be   held  in  the  state 

*  In  Germany  and  Switzerland  the  state  courts  are  employed  as 
the  Federal  courts. 


124  OUTLINES   OF   CIVIL   GOVERNMENT 

where  the  said  crime  shall  have  been  committed;  but 
when  not  committed  within  any  state  the  trial  shall  be  at 
such  a  place  or  places  as  the  Congress  may  have  by  law 
directed"  (70). 

6.  Judges. 

Judges  of  all  Federal  courts  are  appointed  by  the  Presi- 
dent, approved  by  the  Senate.  Their  term  is  during  life 
on  condition  of  good  behavior;  but  they  are  subject  to 
removal  by  impeachment.  A  Federal  judge,  after  reach- 
ing the  age  of  seventy  years,  may  retire,  if  he  has  already 
served  ten  years,  with  the  same  annual  salary  he  last 
received.  Their  salary  cannot  be  diminished  but  may  be 
increased  during  their  continuance  in  office  (63,  67). 

7.  Jurisdiction  of  the  Federal  courts. 

The  Federal  courts  try  certain  cases  arising  from 
violation  of  United  States  laws, — as  maritime,  patent, 
banking,  post  office  or  revenue  laws;  also  suits  between 
citizens  of  different  states,  cases  of  piracy  or  murder  on 
the  high  seas. 

8.  Three  grades  of  courts:    (1)  District  courts;    (2)  Cir- 

cuit courts;  (3)  Supreme  court  (named  also  in  1). 
(1)  District  courts. 

(a)  Districts.       The   United    States    is    divided    into 
districts;  *  each  state  forming  one  or  more  districts,  but 
no  district  including  parts  of  two  states — over  each  of 
which  presides 

(b)  A  District  Judge. 

(c)  Other    officers.       Each    district    has    its    United 

*  Seventy  for  the  states. 


OUTLINES   OF   CIVIL   GOVERNMENT  125 

States  district  attorney,  who  acts  for  the  Federal 
Government  as  does  a  state's  attorney  for  a  state,  and 
United  States  marshal  or  Federal  sheriff  who  makes 
arrests,  takes  care  of  prisoners,  and  carries  out  sentence 
imposed  by  the  courts.  Commissioners.  In  every 
locality  it  is  necessary  that  some  one  be  given  the 
power  to  order  a  prompt  arrest  of  persons  violating 
United  States  laws,  just  as  a  justice  of  the  peace  holds 
criminals  whom  he  cannot  try.  Any  state  or  Federal 
magistrate  or  judge  may  cause  such  arrests.  Numerous 
United  States  Commissioners  are  also  appointed  for  the 
same  purpose.  Another  duty  of  both  sets  of  officers  is 
to  aid  the  Federal  Government  in  obtaining  evidence 
for  the  trial  of  the  accused. 

(d)  Cases  tried.  A  district  court  has  the  first  trial  of 
some  admiralty  and  maritime  cases,  that  is,  suits  arising 
from  the  navigation  of  the  seas,  great  lakes  and  larger 
rivers;  it  has  also  original  jurisdiction  in  civil  and 
criminal  cases,  violating  Federal  laws,  except  those  of 
the  latter  punishable  by  death.  These  may  be  appealed 
to  the  Circuit  Court  of  Appeals. 
(2)  Circuit  courts. 

.  (a)  Two  sets.  There  are  two  sets  of  this  grade  of 
courts:  first  those  for  the  original  trial,  the  circuit 
courts;  second,  those  for  appeal  from  sentence  pro- 
nounced either  by  district  or  circuit  courts, — the  Circuit 
Court  of  Appeals. 

(b)  Circuits.  There  are  nine  circuits  throughout  the 
country — every  one  including  several  districts — with  (c) 
a  circuit  judge  appointed  to  each  circuit.  He  holds 
a  circuit  court  in  each  district  alone,  or  with  the  dis- 
trict judge,  or  two  district  judges  may  hold  it  for  him. 


126  OUTLINES   OF   CIVIL   GOVERNMENT 

(d)  Cases    tried.       The    circuit    court    has    original 
jurisdiction   in  criminal   cases  punishable  by  death,  in 
controversies  between   citizens   of    different   states,  be- 
tween citizens  of  a  state  and  an  alien,  in  cases  regarding 
grants  of  land  (68),  and  suits  arising  under  patent  and 
copyright  laws. 

(e)  Circuit  Court  of  Appeals.      Besides  the  resident 
circuit  judge,  each  of  the  nine  justices  of  the  Supreme 
court  has  assigned  to  him  a  circuit  which  he  must  visit 
at  least  once  in  two  years.      With  two  circuit  judges  or 
one  district  and  one  circuit  judge,  he  holds  a  Court  of 
Appeals,  to  which  cases  tried   in  District  and  Circuit 
courts  may  be  appealed. 

(3)  Supreme  Court. 

(a)  Bench.      The  Supreme  Court  consists  of  the  chief 
justice  and  eight  associate  justices. 

(b)  Session.      An  annual  session  is  held  in  Washing- 
ton at  which  six  justices  at  least  must  be  present. 

(c)  Appellate  jurisdiction.      It  is  chiefly  a  court  of 
appeals  from  state  supreme  courts;  cases  are  not  retried 
but  " discussed  twice  over,  once  to  ascertain  the  opinion 
of  the  majority  of  justices  which  is  then  set  forth  in  a 
written  judgment;  then  again  when  that  written  judg- 
ment, which  one  of  the  judges  has  prepared  is  submitted 
for   criticism   and    adoption    as    the    judgment    of    the 
court."* 

(d)  Original     jurisdiction.        Unlike     most     of     the 
supreme  courts  of  the  states  it  has  also  original  juris- 
diction;   first,    in    cases    affecting    ambassadors,    other 

*  Bryce's  "Commonwealth." 


OUTLINES   OF   CIVIL   GOVERNMENT  127 

public  ministers  and  consuls;  second  where  a  state  is  a 
party  (69).* 

Note. — Court  of  Claims.  Since  the  United  States  cannot  be 
sued  it  has  provided  a  Court  of  Claims  in  which  those  people 
having  claims  against  the  United  States  may  present  them.  Other 
courts  under  Federal  Government.  Courts  held  in  territories  and 
in  the  District  of  Columbia  are  under  Federal  charge,  but  are  not 
regarded  as  a  part  of  the  system  of  Federal  courts. 


OUTLINE  FOR  PUPILS'  NOTEBOOKS 

FEDERAL    GOVERNMENT 

HISTORICAL   OUTLINE 

Steps  toward  union. 

New  England  Confederation,  1643. 

Franklin's  Plan,  1754. 

Acts  of  oppression  by  England, 

Navigation  Acts. 

Townshend  Act. 

Boston  Port  Bill. 

Quartering  Act. 

Quebec  Bill. 
Retaliation  by  colonies. 

Congress  of  1765, — non-importation  agreement. 

Circular  letters, — Committees  of  correspondence. 

Boston  Tea  Party. 
First  Continental  Congress,  1774. 

Second  Continental  Congress,  1775.      Others  to  1789. 
Articles  of  Confederation, — defects. 
Convention  of  1787. 

*  Cases  between  two  states  and  where  a  state  brings  suit  against 
nn  individual. 


128  OUTLINES   OF   CIVIL   GOVERNMENT 

Constitution  (adopted  1789). 
Difficulties. 
Compromises. 

Amendment, — "Bill  of  Right/'  others. 
Two  views  of  union. 

Strong  Federal  government, — parties  supporting  it. 

Strong  state  government, — parties  supporting,  acts  of 

adherents  of  states-rights  party. 
Issue  settled  by  Civil  War. 
Present  character  of  Union. 

POLITICAL    OUTLINE 

Legislative  department. 

1.  Hall  of  Representatives  (described). 
Confusion  in  House. 
Speech-making,  "Previous  question." 
Speaker  and  committees. 

Power  of  Speaker. 
Sergeant-at-arms. 

2.  Senate. 
Chamber. 
Speech-making. 
Stability. 

Election  by  state  legislatures, — "deadlock." 
Desire  for  direct  election  of  Senators. 

3.  Two  houses  together. 
Passage  of  a  law.      "Riders." 
Lobbying. 
Filibustering. 

What    important    bills    are    now  .before    Congress? 
Examples. 


OUTLINES   OF  CIVIL   GOVERNMENT  129 

Executive  department. 

National  convention  for  nomination  of  President. 

Ideal  plan  of  election. 

Real  workings. 

Power  of  President  in  a  crisis. 

Growth  of  President's  power  over  legislation. 

Appointive  power. 

Original  of  " spoils  system/'  features,  results. 

Civil  Service  Reform. 

Cabinet,     Departments — work    being    done    of    public 

interest. 
Judiciary  or  Federal  Courts. 

Laws  according  to  Constitution. 

Decision  regarding  constitutionality. 

Both  parties  appoint  judges. 

Value  to  country  of  Federal  judiciary. 
Commissions — object,  powers. 
Money  and  banking. 
Trusts,  corporations — Federal  control. 
Labor  unions,  strikes. 

Note. — The  powers  of  the  Federal  Government  is  such  a  vast 
subject  that  only  a  very  general  outline  for  orginal  work  is  given. 
Use  Bryce's  "American  Commonwealth"  as  an  aid  to  a  clear 
understanding. 


PART  IV 

THE   CONSTITUTION   OF    THE  UNITED   STATES 


THE    CONSTITUTION    OF     THE 
UNITED    STATES 


(WITH    EXPLANATORY    NOTES) 

PREAMBLE 

(1)  WE,  the  people  of  the   United  States,  in  order  to 
form    a    more    perfect    union,    establish    justice,    insure 
domestic  tranquillity,  provide  for  the   common   defence, 
promote  the   general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  estab- 
lish this  Constitution  for  the  United  States  of  America. 

ARTICLE  I 

SECTION  I — CONGRESS  IN  GENERAL 

(2)  All  legislative  powers  herein  granted  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of 
a  Senate  and  House  of  Representatives. 

SECTION-  II — HOUSE  OF  REPRESENTATIVES 

(3)  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the 
several  States,  and  the  electors  l  in  each  State  shall  have 
the  qualifications  requisite  for  electors  of  the  most  numer- 
ous branch  of  the  State  legislature.2 

1  Voters. 

2  Called  House  of  Representatives  in  many  states. 


134  OUTLINES   OF   CIVIL   GOVERNMENT 

(4)  No  person  shall  be  a  Representative  who  shall  not 
have  attained  the  age  of  twenty-five  years,  and  been  seven 
years  a  citizen  of  the   United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  State  in  which  he 
shall  be  chosen. 

(5)  Representatives   and   direct   taxes    shall    be   appor- 
tioned among  the  several   States  which  may  be  included 
within  this  Union,  according  to  their  respective  numbers, 
which  shall  be  determined  by  adding  to  the  whole  number 
of  free  persons,  including  those  bound  to   service  for  a 
term  of  years,  and  excluding  Indians  not  taxed,  three-fifths 
of  all   other  persons.1     The  actual  enumeration  shall  be 
made  within  three  years  after  the  first  meeting  of  the  Con- 
gress of  the  United  States,  and  within  every  subsequent 
term  of  ten  years,  in  such  manner  as   they  shall  by  law 
direct.      The  number  of  Representatives  shall  not  exceed 
one  for  every  thirty  thousand,  but  each  State  shall  have  at 
least   one    Representative;    and    until    such    enumeration 
shall    be  made,    the  State   of    New    Hampshire   shall   be 
entitled    to    choose    three,    Massachusetts    eight,    Rhode 
Island  and  Providence  Plantations  one,  Connecticut  five, 
New  York   six,    New   Jersey   four,    Pennsylvania    eight, 
Delaware  one,  Maryland  six,  Virginia  ten,  North  Caro- 
lina five,  South  Carolina  five,  and  Georgia  three. 

(6)  When  vacancies  happen  in  the  representation  from 
any   State,    the   executive    authority2   thereof    shall    issue 
writs  of  election3  to  fill  such  vacancies. 

(7)  The  House  of  Representatives  shall  choose  their 

1  Slaves. 

2  Governor. 

3  Call  an  election  in  that  representative  district. 


OUTLINES   OF   CIVIL   GOVERNMENT  135 

Speaker  and  other  officers,  and  shall  have  the  sole  power 
of  impeachment.1 

SECTION  III — SENATE 

(8)  The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  by  the  legislature 
thereof,  for  six  years ;    and  each  Senator  shall   have  one 
vote. 

(9)  Immediately  after  they  shall  be  assembled  in  con- 
sequence  of  the  first  election,   they   shall   be   divided   as 
equally  as  may  be  into  three  classes.      The  seats  of  the 
Senators  of  the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  second  year;  of  the  second  class,  at  the  expira- 
tion-of   the   fourth   year,  .and  of   the   third    class,   at   the 
expiration   of   the   sixth   year,    so  that  one-third   may   be 
chosen  every  second  year;    and   if  vacancies  happen  by 
resignation  or  otherwise  during  the  recess  of  the  legisla- 
ture of  any  State,  the  executive  thereof  may  make  tempo- 
rary appointments  until  the  next  meeting  of  the  legislature, 
which  shall  then  fill  such  vacancies. 

(10)  No  person  shall  be  a  Senator  who  shall  not  have 
attained  to  the  age  of  thirty  years,  and  been  nine  years  a 
citizen   of   the  United   States,    and  who  shall  not,   when 
elected,  be  an  inhabitant  of  that  State  for  which  he  shall 
be  chosen. 

(11)  The  Vice-President  of  the  United  States  shall  be 
President  of  the   Senate,  but  shall   have  no  vote,  unless 
they  be  equally  divided. 

1  Charge  of  abuse  of  trust  by  United  States  officers  not  includ- 
ing members  of  Congress,  Army  or  Navy.  (See  note  Part  III,, 
p.  84.) 


136  OUTLINES   OF   CIVIL  GOVERNMENT 

(12)  The  Senate  shall   choose  their  other  officers,  and 
also  a  President  "pro  tempore"  in  the  absence  of  the  Vice- 
President,  or  when  he  shall  exercise  the  office  of  President 
of  the  United  States. 

(13)  The  Senate  shall   have  the   sole  power  to  try  all 
impeachments.      When  sitting  for  that  purpose,  they  shall 
be  on  oath  or  affirmation.1     When  the   President   of  the 
United   States   is  tried,  the   Chief  Justice   shall  preside: 
and  no  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  members  present. 

(14)  Judgment    in    cases    of     impeachment    shall    not 
extend  further  than  to  removal  from  office,  and  disqualifi- 
cation  to   hold   and   enjoy  any  office   of  honor,   trust,    or 
profit  under  the  United  States;'  but  the  party  convicted 
shall,  nevertheless,  be   liable   and  subject  to   indictment, 
trial,  judgment,  and  punishment,  according  to  law. 

SECTION  IV — BOTH  HOUSES 

(15)  The  times,  places,  and  manner  of  holding  elections 
for  Senators  and  Representatives  shall  be  prescribed  in 
each   State  by  the  legislature  thereof;   but  the  Congress 
may  at  any  time  by  law  make  or  alter  such  regulations, 
except  as  to  the  places  of  choosing  Senators.2 

(16)  The  Congress  shall  assemble  at  least  once  in  every 
year,  and  such  meeting  shall   be  on-  the  first  Monday  in 
December,  unless  they  shall   by  law   appoint  a  different 
day. 

1  They  are  then  a  court. 

2  Congress  by  law  has  made  uniform  the  time  and  manner  of 
electing  members  of  Congress ;  Senators  are  chosen  at  the  state 
capital,  where  the  Legislature  meets. 


OUTLINES   OF   CIVIL   GOVERNMENT  137 

SECTION  V — HOUSES  SEPARATELY 

(17)  Each  house  shall   be  the  judge  of  the  elections, 
returns,    and    qualifications    of    its   own   members,    and    a 
majority  of  each  shall    constitute  a  quorum1  to  do  busi- 
ness; but  a  smaller  number  may  adjourn  from  day  to  day, 
and  may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such   manner,  and  under   such   penalties,  as 
each  house  may  provide. 

(18)  Each   house  may  determine  the  rules  of   its   pro- 
ceedings, punish  its  members  for  disorderly  behavior,  and 
with  the  concurrence  of  two-thirds,  expel  a  member. 

(19)  Each  house  shall   keep  a  journal  of   its   proceed- 
ings, and   from  time  to  time  publish  the  same,  excepting 
such  parts  as  may  in  their  judgment  require  secrecy,  and 
the  yeas  and  nays  of  the  members  of  either  house  on  any 
question  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

(20)  Neither   house,    during   the   session   of  Congress, 
shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting. 

SECTION  VI PRIVILEGES  AND  DISABILITIES  OF  MEMBERS 

(21)  The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law 
and  paid  out  of  the  Treasury  of  the  United  States.      They 
shall,  in  all  cases  except  treason,  felony,  and  breach  of  the 
peace  be  privileged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  houses,  and  in  going  to  and 

1  Quorum  :    A  number  sufficient   to  transact  business, — deter- 
mined by  rules  of  House. 


138  OUTLINES   OF   CIVIL   GOVERNMENT 

returning  from  the  same;  and  for  any  speech  or  debate  in 
either  house  they  shall  not  be  questioned  in  any  other 
place. 

(22)  No   Senator   or   Representative   shall,   during  the 
time  for  which  he  was  elected,  be  appointed  to  any  civil 
office  under   the    authority   of   the   United   States,   which 
shall  have  been  created,  or  the  emoluments  whereof  shall 
have  been   increased   during  such   time;    and  no  person 
holding   any   office   under   the   United   States   shall   be    a 
member  of  either  house  during  his  continuance  in  office. 

SECTION  VII MODE  OF  PASSING  LAWS 

(23)  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 

(24)  Every  bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate  shall,  before  it  become  a 
law,  be  presented  to  the   President  of  the  United  States; 
if  he  approve  he  shall  sign  it,  but  if  not  he  shall  return 
it,  with   his   objections,  to  that  house   in  which   it  shall 
have  originated,  who  shall  enter  the  objections  at  large  on 
their  journal  and  proceed  to  reconsider  it.      If  after  such 
reconsideration   two-thirds   of  that   house  shall    agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which   it  shall   likewise  be  recon- 
sidered, and   if  approved  by  two-thirds  of  that  house  it 
shall   become  a  law.      But   in  all   such   cases  the  votes  of 
both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal  of  each  house  respectively.      If 
any  bill  shall  not  be  returned  by  the  President  within  ten 
days  (Sundays  excepted)  after  it  shall  have  been  presented 


OUTLINES   OF   CIVIL   GOVERNMENT  139 

to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he 
had  signed  it,  unless  the  Congress  by  their  adjournment 
prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

(25)  Every  order,  resolution,  or  vote  to  which  the  con- 
currence of  the  Senate  and  House  of  Representatives  may 
be  necessary  (except  on  a  question  of  adjournment)  shall 
be  presented  to  the  President  of  the  United  States;    and 
before   the   same   shall   take  effect,  shall   be  approved  by 
him,  or  being  disapproved  by  him,  shall   be  repassed  by 
two-thirds  of  the  Senate  and  House   of  Representatives, 
according  to  the  rules  and   limitations  prescribed   in  the 
case  of  a  bill. 

SECTION  VIII — POWERS    GRANTED    TO    CONGRESS 

(26)  The  Congress  shall   have  power  to  lay  and  collect 
taxes,  duties,  imposts,  and  excises,1  to  pay  the  debts  and 
provide   for  the  common  defence  and   general  welfare  of 
the  United  States;    but   all    duties,    imposts,    and  excises 
shall  be  uniform  throughout  the  United  States; 

(27)  To   borrow-  money   on   the    credit   of    the   United 
States ; 

(28)  To  regulate   commerce  with   foreign   nations   and 
among  the  several  States,  and  with  the  Indian  tribes; 

(29)  To   establish   an   uniform   rule   of  naturalization, 
and  uniform  laws  on  the  subject  of  bankruptcies  through- 
out the  United  States; 

(30)  To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  standard  of  weights  and  measures ; 

1  Duties  and  imposts  are  taxes  laid  upon  goods  imported ;  tariff 
is  a  more  common  term.  Excise  duty  is  tax  laid  upon  home 
products,  and  is  called  internal  revenue. 


140  OUTLINES   OF   CIVIL   GOVERNMENT 

(31)  To  provide  for  the  punishment  of  counterfeiting 
the  securities  and  current  coin  of  the  United  States; 

(32)  To  establish  post-offices  and  post-roads; 

(33)  To  promote  the   progress    of   science   and   useful 
arts  by  securing  for  limited  times  to  authors  and  inventors 
the     exclusive     right    to    their    respective    writings     and 
discoveries  ;! 

(34)  To   constitute  tribunals   inferior   to  the  Supreme 
Court ; 

(35)  To  define  and  punish  piracies  and  felonies  com- 
mitted  on  the   high   seas  and  offences  against  the   law  of 
nations  ;2 

(36)  To  declare  war,   grant  letters  of  marque  and  re- 
prisal, and   make   rules    concerning  captures  on  land  and 
water ; 

(37)  To  raise  and  support  armies,  but  no  appropriation 
of  money  to  that  use  shall   be  for  a  longer  term  than  two 
years ; 

(38)  To  provide  and. maintain  a  navy; 

(39)  To  make  rules  for  the  government  and  regulation 
of  the  land  and  naval  forces ; 

(40)  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  suppress  insurrections,  and  repel 
invasions: 


1  Authors  and  inventors  have  the  right  to  control    the  sale  of 
their  books  or  inventions  for  a  term  of  years,  by  securing   from 
the  United  States  government  copyright  or  patent. 

2  Federal    courts    try  all    crimes  committed  on  "high   seas"- 
i.  e.,   oceans^   great   lakes  and  larger  rivers;    also  those  offences 
committed  by  its  citizens  against  other  nations. 


OUTLINES   OF   CIVIL   GOVERNMENT  141 

(41)  To  provide  for  organizing,  arming,  and  disciplin- 
ing l  the  militia,  and  for  governing  such   part  of  them  as 
may  be   employed    in  the   service   of    the   United   States, 
reserving  to  the  States  respectively  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia  accord- 
ing to  the  discipline  prescribed  by  Congress; 

(42)  To  exercise  exclusive  legislation  in  all  cases  what- 
soever over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  particular  States  and  the  acceptance 
of  Congress,  become  the  seat   of  the  Government  of  the 
United    States,    and    to   exercise    like    authority    over   all 
places  purchased  by  the  consent  of  the  legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dockyards,  and  other  needful  build- 
ings ;  and 

(43)  To  make  all   laws  which  shall   be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers, 
and   all   other  powers  vested   by  this  Constitution  in  the 
Government  of  the  United  States,  or  in  any  department  or 
officer  thereof. 

SECTION  IX POWERS  DENIED  UNITED  STATES 

(44)  The  migration  or  importation  of  such   persons  as 
any  of  the  States  now  existing  shall  think  proper  to  admit 
shall  not  be  prohibited  by  the  Congress  prior  to  the  year 
one  thousand  eight  hundred   and   eight,  but  a  tax  or  duty 
may  be  imposed  on  such  importation,  not  exceeding  ten 
dollars  for  each  2  person. 

1  "Disciplining" — form  of  training  prescribed  by  the  Federal 
Government. 

2  One  of  the  three  great  compromises  in  the  Constitution. 


142  OUTLINES    OF    CIVIL    GOVERNMENT 

(45)  The  privilege  of  the  writ  of  habeas  corpus  l  shall 
not  be   suspended,  unless  when   in  cases  of  rebellion   or 
invasion  the  public  safety  may  require  it. 

(46)  No  bill   of   attainder  or  ex  post  facto  law  shall   be 
passed.2 

(47)  No  capitation 3  or  other  direct  tax  shall  be  laid, 
unless  in  proportion  to  the  census  or  enumeration  herein- 
before directed  to  be  taken. 

(48)  No  tax  or  duty  shall   be   laid   on  articles  exported 
from  any  State. 

(49)  No  preference  shall  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over  those 
of  another;   nor  shall  vessels  bound  to  or  from  one  State 
be  obliged  to  enter,  clear,  or  pay  duties  in  another. 

(50)  No  money  shall   be  drawn  from  the  Treasury  but 
in   consequence   of  appropriations  made  ^by  law;    and   a 
regular  statement  arid  account  of  the  receipts  and  expendi- 
tures of  all  public  money  shall  be  published  from  time  to 
time. 

(51)  No  title  of  nobility  shall  be  granted  by  the  United 
States;  and  no  person  holding  any  office  of  profit  or  trust 
under    them    shall,    without    the     consent    of     the    Con- 
gress, accept  of  any  present,  emolument,  office,  Dr  title,  of 
any  kind,  whatever,  from  any   king,    prince,    or    foreign 
State. 

SECTION  X POWERS  DENIED  TO  THE  STATES 

(52)  No  State  shall  enter  into  any  treaty,  alliance,  or 

1  A  provision  insuring  an  accused  person  a  speedy  trial. 

2  See  note  5,  p.  143. 

3  Head  or  poll  tax. 


OUTLINES   OF   CIVIL   GOVERNMENT  143 

confederation;1  grant  letters  of  marque  and  reprisal;2 
coin  money;  emit  bills  of  credit;3  make  anything  but 
gold  and  silver  coin  a  tender4  in  payment  of  debts;  pass 
any  bill  of  attainder,5  ex  post  facto*  law,6  or  law  impairing 
the  obligation  of  contracts,7  or  grant  any  title  of  nobility. 

1  "Treaty,  alliance,  confederation," — a  formal  contract  be- 
tween two  governments  regarding  certain  subjects, — as  a  treaty 
of  peace,  an  alliance  for  war,  a  confederation  or  union  for  pur- 
pose of  government.  "Agreement  or  compact,"  a  less  formal 
contract,  yet  prohibited. 

2  Letters  of  marque  and  reprisal.  The  United  States  govern- 
ment during  a  war  may  commission  (by  letters  of  marque  and 
reprisal)  private  owners  of  ships  to  seize  armed  or  unarmed 
vessels  of  the  enemy.  Privateering,  as  this  is  called,  is  growing 
less  common  among  civilized  nations.  It  was  abolished  by  Euro- 
pean nations  by  the  Treaty  of  Paris,  1853,  which  was  not  accepted 
by  the  United  States. 

3  Bills  of  credit  are  promises  to  pay,  without  actual  security, 
issued  by  a  government.     Example  :   United  States  Treasury  notes 
or  "greenbacks." 

4  Tender,— jnedium. 

5  "Bill  of  attainder  is  a  conviction  by  the  Legislature,  instead 
of  a  court,  for  an  alleged  crime  with  judgment  of   death."      In 
England  the  person  convicted  was  declared  "attainted,"  his  blood 
"corrupted"  so  that  his  heirs  were  cut  off  from  civil  and  political 
rights,  and  therefore  could  not  inherit  his  property  which  fell  to 
the  Crown.      In  the  United'  States  no  such  bill  is  possible.     The 
heirs  of  the  worst  criminal  may  inherit  his  property  and  possess 
the  civil  and  political  rights  of  any  citizen. 

*  Also  forbidden  the  United  States. 

6  Ex  post  facto  law.      If  a  law  is  passed  which  makes  provisions 
for  the  punishment  of  an  act  committed  in  the  past,  not  then  vio- 
lating any  law;  or  if  it  increases  the  penalty  of  a  crime  above  the 
penalty  when  the  crime  was   committed,  such  a  law  is  an  ex  post 
facto  law,  and  as  such  is  prohibited. 

7  Impairing  the  obligation  of  contract.     A  contract  is  an  agree- 
ment to  do  or  to  refrain  from  doing  certain  things,   for  a  con- 
sideration.    If  by  a  change  in  law  a  man  owing  a  debt  which  he 
had  promised  to  pay  should  be  freed  from  its  payment  such  a  law 
would    "impair   the    obligation   of   contract."     The   state,   then, 
cannot  pass  such  a  law. 


144  OUTLINES    OF   CIVIL  -GOVERNMENT 

(53)  No  State  shall,  without  the  consent  of   Congress, 
lay  any  imposts  or  duties  l  on   imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  inspec- 
tion laws;2  and  the  net  produce  of  all  duties  and  imposts, 
laid  by  any  State  on  imports  or  exports,  shall   be  for  the 
use  of  the  Treasury  of  the  United   States ;    and  all  such 
laws  shall  be  subject  to  the  revision  and   control  of  the 
Congress. 

(54)  No  State  shall,  without  the  consent  of   Congress, 
lay  any  duty  of  tonnage,3    keep  troops  or  ships  of  war  in 
time  of  peace,  enter  into  any  agreement  or  compact  with 
another  State  or  with  a  foreign  power,  or  engage  in  war, 
unless  actually  invaded   or   in   such    imminent  danger  as 
will  not  admit  of  delay. 


ARTICLE  II 

SECTION  I EXECUTIVE  DEPARTMENT  :   PRESIDENT  ;  VICE-PRESIDENT 

(55)  The  executive  power  shall  be  vested  in  a  President 
of  the  United  States  of  America.      He  shall  hold  his  office 
during  the  term  of  four  years,  and  together  with  the  Vice- 
President,  chosen  for  the  same  term,  be  elected  as  follows: 

(56)  Each   State   shall   appoint,  in  such  manner  as  the 
legislature  thereof  may  direct,  a  number  of  electors,  equal 

1  Imposts,  duties,  used  synonymously,  meaning  a  tax  of  a  cer- 
tain per  cent. 

2  Inspection  laws  are  necessary  to  prevent  bringing  into  a  state 
goods  of  a  poor  quality,  harmful  to  the  people,  as  adulterated  or 
tainted  foods,  etc.     This  is  one  of  the  police  powers  o.f  the  state. 

3  Tonnage, — taxes  according   to    the    number  of   tons  a  vessel 
holds. 


OUTLINES   OF   CIVIL   GOVERNMENT  145 

to  the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress;  but  no 
Senator  or  Representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  United  States,  shall  be  appointed 
an  elector. 

[The  electors  shall  meet  in  their  respective  States  and 
vote  by  ballot  for  two  persons,  of  whom  one  at  least  shall 
not  be  an  inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  list  of  all  persons  voted  for,  and 
of  the  number  of  votes  for  each;  which  list  they  shall  sign 
and  certify,  and  transmit  sealed  to  the  seat  of  government 
of  the  United  States,  directed  to  the  President  of  the 
Senate.  The  President  of  the  Senate  shall,  in  the  pres- 
ence of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted.  The 
person  having  the  greatest  number  of  votes  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  there  be  more  than 
one  who  have  such  majority,  and  have  an  equal  number 
of  votes,  then  the  House  of  Representatives  shall  imme- 
diately choose  by  ballot  one  of  them  for  President;  and  if 
no  person  have  a  majority,  then  from  the  five  highest  on 
the  list  the  said  House  shall  in  like  manner  choose  the 
President.  But  in  choosing  the  President  the  votes  shall 
be  taken  by  States,  the  representation  from  each  State 
having  one  vote;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two-thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  case,  after  the  choice  of  the  President, 
the  person  having  the  greatest  number  of  votes  of  the 
electors  shall  be  the  Vice-President.  But  if  there  should 


146  OUTLINES   OF   CIVIL   GOVERNMENT 

remain  two   or  more  who  have   equal  votes,  the  Senate 
shall  choose  from  them  by  ballot  the  Vice-President.  ]l 

(57)  The  Congress  may  determine  the  time,  of  choosing 
the  electors  and  the  day  on  which  they  shall   give  their 
votes,  which  day  shall  be  the  same  throughout  the  United 
States. 

(58)  No  person  except  a  natural-born  citizen,  or  a  citi- 
zen of  the  United  States  at  the  time  of  the  adoption  of  this 
Constitution,  shall  be  eligible  to  the  office  of  President; 
neither  shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  to  the  age  of  thirty-five  years,  and  been 
fourteen  years  a  resident  within  the  United  States. 

(59)  In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice-President,  and  the  Congress  may  by  law  pro- 
vide for  the   case  of  removal,  death,  resignation,  or  ina- 
bility, both  of  the  President  and  Vice-President,  declaring 
what  officer  shall   then  act   as   President,  and  such  officer 
shall   act  accordingly  until   the  disability  be  removed  or 
the  President  shall  be  elected. 

(60)  The  President  shall,  at  stated  times,  receive  for 
his  services  a  compensation,  which   shall   neither  be  in- 
creased nor  diminished   during  the   period   for  which   he 
may  have  been  elected,  and  he   shall   not  receive  within 
that  period  any  other  emolument  from  the  United  States 
or  any  of  them. 

(61)  Before  he  enter  on  the  execution  of  his   office   he 
shall  take  the  following  oath  or  affirmation: 

1  This    clause    of    the    Constitution    has    been    amended.     See 
twelfth  article  of  the  amendments. 


OUTLINES   OF   CIVIL   GOVERNMENT  147 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  United  States,  and 
will  to  the  best  of  my  ability  preserve,  protect,  and  defend 
the  Constitution  of  the  United  States." 

SECTION  II POWERS  OF  PRESIDENT 

(62)  The  President  shall  be  Commander-in-chief  of  the 
Army  and  Navy  of  the  United  States,  and  of  the  militia 
of  the  several  States  when  called  into  the  actual  service  of 
the  United  States;   he  may  require  the   opinion,  in  writ- 
ing,   of    the    principal    officer    in   each    of    the   executive 
departments,  upon   any  subject  relating  to  the   duties  of 
their  respective  offices,  and   he  shall   have  power  to  grant 
reprieves   and  pardons    for  offences   against    the    United 
States,  except  in  cases  of  impeachment. 

(63)  He  shall   have  power,  by  and  with  the  advice  and 
consent  of   the   Senate,   to  make  treaties,    provided  two- 
thirds  of  the  Senators  present  concur;  and  he  shall  nomi- 
nate, and,  by  and   with   the   advice    and    consent   of    the 
Senate,  shall  appoint  ambassadors,  other  public  ministers 
and  consuls,  judges  of  the   Supreme  Court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not 
herein  otherwise  provided   for,  and  which  shall   be  estab- 
lished  by  law;    but  the   Congress   may  by   law  vest  the 
appointment  of  such  inferior  officers,  as  they  think  proper, 
in  the   President   alone,  in  the   courts   of  law,  or   in  the 
heads  of  departments. 

(64)  The   President   shall    have    power    to    fill    up   all 
vacancies  that  may  happen  during  the  recess  of  the  Senate, 
by  granting  commissions  which  shall  expire  at  the  end  of 
their  next  session. 


148  OUTLINES    OF   CIVIL   GOVERNMENT 

SECTION  III — DUTIES  OF  PRESIDENT 

(65)  He  shall   from  time  to  time  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend  to 
their  consideration  such  measures  as  he  shall   judge  nec- 
essary and  expedient;  he  may,  on  extraordinary  occasions, 
convene   both   houses,  or  either  of  them,  and   in   case   of 
disagreement  between  them  with   respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall 
think    proper;    he    shall    receive    ambassadors    and   other 
public  ministers;  he  shall  take  care  that  the  laws  be  faith- 
fully executed,  and  shall  commission  all  the  officers  of  the 
United  States.1 

SECTION    IV — IMPEACHMENT 

(66)  The    President,     Vice-President,     and    all    civil2 
officers  of  the  United  States  shall  be  removed  from  office 
on   impeachment   for   and   conviction  of  treason,  bribery, 
or  other  high  crimes  and  misdemeanors. 

ARTICLE  III 

SECTION  I— JUDICIAL  DEPARTMENT  :    UNITED  STATES  COURTS 

(67)  The  judicial  power  of  the  United  States  shall  be 
vested  in  one  Supreme  Court,  and  in  such  inferior  courts 
as  the  Congress  may  from  time  to  time  ordain  and  estab- 
lish.     The    judges,    both    of    the    supreme    and    inferior 
courts,  shall  hold  their  offices  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services  a  compen- 
sation which  shall  not  be  diminished  during  their  contin- 
uance in  office. 

1  Commission  is  a  certificate  of   appointment   to   office  which 
President  signs. 

2  Civil  officers.     See  Part  III,  p.  84. 


OUTLINES   OF   CIVIL   GOVERNMENT  149 

SECTION    II — JURISDICTION    OF    UNITED    STATES    COURTS 

(68)  The  judicial  power  shall  extend  to  all  cases,  in 
law  and  equity,  arising  under  this  Constitution,  the  laws 
of  the  United  States,  and  treaties  made,  or  which  shall  be 
made,  under  their  authority;  to  all  cases  affecting  ambas- 
sadors, other  public  ministers,  and  consuls;  to  all  cases  of 
admiralty  and  maritime  jurisdiction;  to  controversies  to 
wrhich  the  United  States  shall  "be  a  party;  to  controversies 
between  two  or  more  States ;  [between  a  State  and  citizens 
of  another  State ;  between  citizens  of  different  States!  *  be- 
tween citizens  of  the  same  State  claiming  lands  under 
grants  of  different  States,  and  between  a  State,  or  the 
citizens  thereof,  and  foreign  States,  citizens,  or  subjects.1 

*  No  suit  can  be  brought  against  a  state  by  a  person. — Am., 
Art.  XI. 

*•  Removal.  Certain  cases  begun  in  a  state  court  may  be 
removed  or  retried  in  a  Federal  court  if  it  is  believed  that  strong 
local  feeling  hinders  justice.  These  are:  cases  arising  (1)  be- 
tween citizens  of  different  states  ;  (2)  between  citizens  of  same 
state  claiming  lands  under  grants  of -different  states;  (3)  between 
a  citizen  of  a  state  and  a  foreign  state,  citizens  or  subjects  thereof 
(68).  Such  cases  may  also  have  their  first  trial  before  a  Federal 
court.  Appeals.  An  appeal  can  be  made  to  the  Federal  courts 
only  after  the  highest  state  court  has  passed  its  judgment  upon 
the  case,  then  in  but  two  cases :  first,  when  in  the  course  of  the 
trial  any  question  has  arisen  in  a  state  court  of  the  validity  of  the 
Constitution,  laws,  and  treaties  of  the  United  States,  and  the  state 
court  has  decided  against  their  validity;  second,  when  in  the 
course  of  the  trial,  any  question  has  arisen  in  a  state  court  of 
state  laws  or  constitution  conflicting  with  the  Constitution,  laws 
or  treaties  of  the  United  States,  and  the  state  court  has  sustained 
the  former  against  the  latter.  "In  either  case,  if  the  state  courts 
vindicate  (sustain)  the  Federal  law  questioned  it  is  enough  ;  if  not, 
the  trial  is  before  the  Federal  courts."  (Coolev's  "Constitu- 
tional Limitations.") 


150  OUTLINES    OF   CIVIL   GOVERNMENT 

(69)  In   all   cases   affecting  ambassadors,    other  public 
ministers  and  consuls,  and  those  in  which  a  State  shall  be 
a  party,  the  Supreme  Court  shall   have  original  jurisdic- 
tion.     In  all  the  other  cases  before  mentioned  the  Supreme 
Court  shall  have  appellate  jurisdiction,  both  as  to  law  and 
fact,  with  such  exceptions  and  under  such   regulations  as 
the  Congress  shall  make. 

(70)  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury;   and  such  trial  shall  be  held  in  the 
State  where  the  said   crimes  shall   have  been  committed; 
but  when  not  committed  within  any  State,  the  trial   shall 
be   at  such   place   or  places  as  the  Congress  may  by  law 
have  directed. 

SECTION  III — TREASON 

(71)  Treason  against   the   United    States    shall    consist 
only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.      No  person  shall 
be   convicted   of  treason   unless   on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  confession  in  open 
court. 

(72)  The   Congress   shall    have   power    to   declare   the 
punishment   of  treason,  but  no   attainder  [conviction]  of 
treason  shall  work  corrupt! on  of  blood  or  forfeiture  except 
during  the  life  of  the  person  attained. 

ARTICLE  IV 
THE    STATES    AND   THE    FEDERAL    GOVERNMENT 

SECTION  I — STATE  RECORDS 

(73)  Full  faith  and  credit  shall  be  given  in  each  State 
to  the   public   acts,  records,  and   judicial   proceedings   of 
every    other  State.      And    the    Congress   may  by   general 


OUTLINES   OF  CIVIL   GOVERNMENT  151 

laws  prescribe  the  manner   in   which   such    acts,  records, 
and  proceedings  shall  be  proved,  and  the  effect  thereof. 

SECTION  II PRIVILEGES  OF  CITIZENS,   ETC. 

(74)  The  citizens  of  each  State  shall   be  entitled   to  all 
privileges  and  immunities  of  citizens  in  the  several  States. 

(75)  A    person    charged    in    any    State    with    treason, 
felony,  or  other  crime,  who  shall  flee  from  justice,  and  be 
found  in  another  State,  shall,  on  demand  of  the  executive 
authority  of  the  State  from  which  he  fled,  be  delivered  up, 
to  be   removed   to  the   State   having   jurisdiction   of  the 
crime. 

(76)  No   person   held  to  service  or  labor  in  one  State, 
under  the  laws  thereof,    escaping  into   another,  shall,  in 
consequence    of   any  law   or   regulation   therein,    be   dis- 
charged from  such  service  or  labor,  but  shall  be  delivered 
up  on  claim  of  the  party  to  whom  such  service    or  labor 
may  be  due. 

SECTION  III NEW  STATES    AND  TERRITORIES 

(77)  New  States  may  be  admitted  by  the  Congress  into 
this  Union;  but  no  new  State  shall  be  formed  or  erected 
within  the  jurisdiction  of   any  other  State;   nor  any  State 
be  formed  by  the  junction  of  two  or  more  States  or  parts 
of  States,  without  the  consent  of  the  legislatures  of  the 
States  concerned  as  well  as  of  the  Congress. 

(78)  The  Congress  shall  have  power  to  dispose  of  and 
make    all    needful    rules    and  regulations   respecting  the 
territory  or  other  property  belonging  to  the  United  States  ; 
and  nothing  in  this  Constitution  shall   be  so  construed  as 
to  prejudice  any  claims  of  the  United   States  or  of   any 
particular  State. 


152  OUTLINES   OF   CIVIL  -GOVERNMENT 

SECTION  IV — GUARANTEE  TO  STATES 

(79)  The  United  States  shall  guarantee  to  every  State  in 
this  Union   a   republican   form  of   government,  and  shall 
protect  each  of  them  against  invasion,  and  on  application 
of  the  legislature,  or  of  the  executive  l  (when  the  legisla- 
ture cannot  be  convened),  against  domestic  violence. 

ARTICLE  V 

POWER    OF   AMENDMENT 

(80)  The  Congress,  whenever  two-thirds  of  both  houses 
shall  deem  it  necessary,  shall  propose  amendments  to  this 
Constitution,  or,  on  the  application  of  the  legislatures  of 
two-thirds  of  the  several  States,  shall  call  a  convention  for 
proposing  amendments,  which  in  either  case  shall  be  valid 
to  all  intents  and  purposes  as  part  of  this  Constitution, 
when  ratified  by  the  legislatures   of  three-fourths   of  the 
several  States,  or  by  conventions  in  three-fourths  thereof, 
as  the  one  or  the  other  mode  of  ratification  may  be  pro- 
posed   by   the    Congress,    provided    that   no   amendments 
which  may  be  made  prior  to  the  year  one  thousand  eight 
liundred  and  eight  shall  in  any  manner  affect  the  first  and 
fourth  clauses  in  the  ninth  section  of  the  first  article;  and 
that  no  state,  without  its  consent,  shall  be  deprived  of   its 
equal  suffrage  in  the  Senate. 

ARTICLE  VI 

PUBLIC  DEBT;    SUPREMACY  OF  CONSTITUTION;    OATH  OF  OFFICE; 
RELIGIOUS  TEST 

(81)  All  debts  contracted  and  engagements  entered  into, 
before  the  adoption  of  this  Constitution  shall   be  as  valid 

1  /.  £.,  Governor. 


OUTLINES    OF    CIVIL   GOVERNMENT  153 

against  the  United  States  under  this  Constitution  as  under 
the  confederation. 

(82)  This    Constitution,    and  the    laws    of    the   United 
States  which  shall   be  made  in  pursuance  thereof,  and  all 
treaties  made,  or  which  shall  be  made,  under  the  authority 
of  the  United  States,  shall  be  the  supreme  law  of  the  land ; 
and  the  judges  in  every  State  shall  be  bound  thereby,  any- 
thing in  the  Constitution  or  laws  of   any  State  to  the  con- 
trary notwithstanding. 

(83)  The    Senators    and    Representatives    before   men- 
tioned, and  the  members  of  the  several  State  legislatures, 
and  all  executive  and  judicial  officers  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by  oath  or 
affirmation  to  support  this  Constitution;  but  no  religious 
test  shall   ever  be  required  as  a  qualification  to  any  office 
or  public  trust  under  the  United  States. 

ARTICLE  VII 

RATIFICATION    OF   THE    CONSTITUTION 

(84)  The  ratification  of  the  conventions  of  nine  States 
shall  be  sufficient  for  the  establishment   of  this  Constitu- 
tion between  the  States  so  ratifying  the  same. 

Done  in  convention  by  the  unanimous  consent  of  the 
.States  present,  the  seventeenth  day  of  September, 
in  the  year  of  our  Lord  one  thousand  seven  hun- 
dred and  eighty-seven,  and  of  the  independence  of 
the  United  States  of  America  the  twelfth.  In  wit- 
ness whereof,  we  have  hereunto  subscribed  our 
names. 

GEORGE  WASHINGTON, 

President,  and  Deputy  from  Virginia. 


154  OUTLINES   OF   CIVIL   GOVERNMENT 

New  Hampshire — John  Langdon,  Nicholas  Oilman. 
Massachusetts — Nathaniel  Gorham,  Rufus  King. 
Connecticut — William  Samuel  Johnson,  Roger  Sherman. 
New  York — Alexander  Hamilton. 

New  Jersey — William  Livingston, 'David  Brearly,  Wil- 
liam Patterson,  Jonathan  Dayton. 

Pennsylvania — Benjamin  Franklin,  Thomas  Mifflin, 
Robert  Morris,  George  Clymer,  Thomas  Fitzsimons, 
Jared  Ingersoll,  James  Wilson,  Gouverneur  Morris. 

Delaware — George  Read,  Gunning  Bedford,  Jr.,  John 
Dickinson,  Richard  Bassett,  Jacob  Broom. 

Maryland — James  McHenry,  Daniel  of  St.  Thomas  Jen- 
ifer, Daniel  Carroll. 

Virginia — John  Blair,  James  Madison,  Jr. 

North  Carolina — William  Blount,  Richard  Dobbs 
Spaight,  Hugh  Williamson. 

South  Carolina — John  Rutledge,  Charles  Cotesworth 
Pinckney,  Charles  Pinckney,  Pierce  Butler. 

Georgia — William  Few,  Abraham  Baldwin. 

Attest:  William  Jackson,   Secretary, 


OUTLINES   OF   CIVIL   GOVERNMENT  155 

AMENDMENTS 

(FIRST  TEN  AMENDMENTS  A  "BILL  OF  RIGHTS") 


ARTICLE  I 

PERSONAL  RIGHTS 

(85)  Congress  shall   make  no   law  respecting  an  estab- 
lishment  of    religion,    or    prohibiting    the    free    exercise 
thereof;    or   abridging  the   freedom  of  speech   or  of  the 
press;1  or  the  right  of  the  people  peaceably  to  assemble, 
and  to  petition  the  government  for  a  redress  of  grievances.2 

ARTICLE  II 

ARMING 

(86)  A  well-regulated  militia  being  necessary  to  the 
security  of  a  free  State,  the  right  of  the  people  to  keep 
and  bear  arms  shall  not  be  infringed. 

ARTICLE  III 

QUARTERING    SOLDIERS 

(87)  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner,3  nor  in  time 
of  war,  but  in  a  manner  to  be  prescribed  by  law. 

1  Freedom  of  speech  or  of  the  press  does  not  mean  slander  and 
libel 

2  The  right  to  assemble  and  petition  for  redress  of  grievances 
was  important  in  time  of  such  a  king  as  James  I,  and  Charles  I 
of  England. 

3  Quartering  of  troops  on  citizens  was  a  grievance  at  time  of 
Revolution. 


156  OUTLINES   OF  CIVIL  GOVERNMENT 

ARTICLE  IV 

PERSONAL    AND    PROPERTY    RIGHTS 

(88)  The  right  of  the  -people  to  be  secure  in  their  per- 
sons,   houses,    papers,    and  effects,    against    unreasonable 
searches  and  seizures,  shall   not  be  violated,  and  no  war- 
rants shall   issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  person  or  things  to  be  seized.1 

ARTICLE  V 

TRIAL    FOR    CRIME 

(89)  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  in- 
dictment of  a  grand  jury,2  except  in  cases  arising  in  the 
land   or  naval   forces,  or   in  the  militia,  when   in   actual 
service   in  time  of  war  or  public   danger;  nor  shall  any 
person  be  subject  for  the  same  offence  to  be  twice  put  in 
jeopardy  of  life  or  limb;3  nor  shall  be  compelled  in  any 
criminal    case   to   be    a   witness    against   himself,    nor  be 
deprived  of  life,  liberty,  or  property,  without  due  process 

1  Before  the   Revolution  general   warrants  had  been  issued  to 
revenue  officers  allowing  the   seizure  of   property  or  persons  at 
their  discretion.     A  warrant  according   to    law,  either  for  arrest 
of    person    or    seizure    of    property,    describes    the    place    to    be 
searched  or  the   person  or  thing   to  be  seized,  and   is   made   out 
only  upon  "probable  cause  supported  by  oath  or  affirmation"  of 
the  accuser. 

2  Presentment,  indictment, — accusation  by  grand  jury. 

3  If  a  jury  pronounces  a  man  "not  guilty"  he  cannot  be  retried 
for    that   crime   unless    it   can   be  shown    that   the   trial  was   not 
according  to  law. 


OUTLINES   OF   CIVIL   GOVERNMENT  157 

of  law;  nor  shall  private  property  be  taken  for  public  use 
without  just  compensation.1 

ARTICLE  VI 

TRIAL  BY  JURY  IN  CRIMINAL  CASES  J  WITNESSES 

(90)  In  all  criminal  prosecutions  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,    which    district    shall    have    been    previously 
ascertained  by  law,  and  to  be  informed  of  the  nature  and 
cause  of  the  accusation;    to  be  confronted  with  the  wit- 
nesses against  him ;  to  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  for  his  defence. 

ARTICLE  VII 

TRIAL    BY  JURY   IN    CIVIL    SUITS 

(91)  In  suits  at  common  law,  where  the  value  in  con- 
troversy shall  exceed  twenty  dollars,  the  right  of  trial  by 
jury  shall  be  preserved,  and  no  fact  tried  by  a  jury  shall 
be    otherwise    re-examined    in    any    court    of    the   United 
States,  than  according  to  the  rules  of  the  common  law.2 

1  Private  property  may  be  taken  for  public  use  by  a  just  com- 
pensation.     (See  Eminent  Domain,  Part  II,  p.  48.) 

2  Common  law  is  that  law  which  is  "founded  upon  customs,  the 
decisions  regarding  those  customs  handed   down  from  courts  of 
one  generation  to  another,  modified  to  suit  the  change  of  circum- 
stances.    Statute  law  is  the  laws  passed  by  legislative  bodies.     A 
court  of  common  law,  then,  interprets   both   kinds   of   law,  and 
follows  a  certain  form  or  procedure  in  the  trial  of  cases. 


158  OUTLINES   OF   CIVIL   GOVERNMENT 

ARTICLE  VIII 

BAIL,    FINES,    ETC. 

(92)  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX 

RIGHTS    NOT    ENUMERATED 

(93)  The   enumeration   in  the   Constitution   of    certain 
rights  shall  not  be  construed  to  den}7  or  disparage  others 
retained  by  the  people. 

ARTICLE   X 

REMAINING    RIGHTS    OF    STATES 

(94)  The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  it  to  the   States,  are 
reserved  to  the  States  respectively  or  to  the  people. 

ARTICLE  XI 

A    STATE    NOT    A    DEFENDANT 

(95)  The  judicial  power  of  the  United  States  shall  not 
be  construed  to  extend  to  any  suit  in  law  or  equity,  com- 
menced or  prosecuted  against  one  of  the  United  States  by 
citizens  of  another  State,  or  by  citizens  or  subjects  of  any 
foreign  State. 

ARTICLE  XII 

ELECTION    OF    PRESIDENT    AND    VICE-PRESIDENT    BY    CONGRESS 

(96)  The  electors  shall  meet   in  their  respective  States 
and  vote  by  ballot   for  President  and  Vice-President,  one 


OUTLINES   OF   CIVIL   GOVERNMENT  159 

of  whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves;  they  shall  name  in  their  ballots  the 
person  voted  for  as  President,  and  in  distinct  ballots  the 
person  voted  for  as  Vice-President,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President  and 
of  all  persons  voted  for  as  Vice-President,  and  of  the 
number  of  votes  for  each;  which  lists  they  shall  sign 
and  certify,  and  transmit  sealed  to  the  seat  of  the  gov- 
ernment of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates  and  the  votes  shall  then  be 
counted.  The  person  having  the  greatest  number  of 
votes  for  President  shall  be  the  President,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed; 
and  if  no  person  have  such  majority,  then  from  the  per- 
sons having  the  highest  numbers  not  exceeding  three  on 
the  list  of  those  voted  for  as  President,  the  House  l  of 

1  Election  of  President  by  the  House.  If  the  candidate  for  the 
presidency  fail  of  such  majority  (/.  e.,  majority  of  whole  num- 
ber of  electors)  the  House  must  choose  from  the  three  candi- 
dates having  the  largest  number  of  votes.  A  quorum — or  the 
requisite  number  present  for  the  purpose  of  election — consists  of 
one  (or  more)  members  from  two-thirds  of  the  states.  Each 
state  has  but  one  vote  cast  as  its  repres'entatives  can  agree  ;  a 
majority  vote  of  all  the  states  is  necessary  for  a  choice.  If  the 
House  fails  to  elect  a  President  before  the  fourth  of  March  fol- 
lowing, the  Vice-President  elect  acts  as  President  (96).  Election 
of  Vice-President  by  Senate.  If  there  is  no  Vice-President  chosen 
by  the  electors  the  Senate  chooses  from  the  two  candidates  hav- 
ing the  highest  number  of  votes;  as  in  the  House  "a  quorum  for 
the  purpose  consists  of  two-thirds  of  the  whole  number  of  Sena- 
tors, and  a  majority  of  the  w7hole  number  shall  be  necessary  to  a 
choice"  (97). 


160  OUTLINES    OF   CIVIL   GOVERNMENT 

Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President  the  votes  shall 
be  taken  by  States,  the  representation  from  each  State 
having  one  vote;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two-thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  And  if  the  House  of  Representatives  shall  not 
choose  a  President  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice-President  shall  act  as  President, 
as  in  the  case  of  the  death  or  other  constitutional  disability 
of  the  President. 

(97)  The  person  having  the  greatest  number  of  votes  as 
Vice-President  shall  be  the  Vice-President,  if  such  num- 
ber be  a  majority  of  the   whole   number   of   electors   ap- 
pointed;  and  if  no  person  have  a  majority,  then  from  the 
two  highest  numbers  on  the  list  the  Senate  shall  choose 
the  Vice-President;  a  quorum  for  the  purpose  shall  con- 
sist of  two-thirds  of  the  whole  number  of  Senators,  and  a 
majority  of    the  whole   number    shall    be   necessary  to   a 
choice.      But  no  person  constitutionally  ineligible   to   the 
office  of  President  shall  be  eligible  to  that  of  Vice-Presi- 
dent of  "the  United  States. 

ARTICLE  XIII 

SECTION    I — SLAVERY 

(98)  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime  whereof  the  party  shall   have 
been  duly  convicted,  shall  exist  within  the  United  States 
or  any  place  subject  to  their  jurisdiction. 


OUTLINES   OF   CIVIL   GOVERNMENT  161 

SECTION    II 

(99)  Congress  shall   have  power  to  enforce  this  article 
by  appropriate  legislation. 

ARTICLE  XIV 

SECTION    I EQUAL    PROTECTION    TO    CITIZENS     OF     UNITED     STATES 

(100)  All   persons   born   or  naturalized   in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens 
of  the  United  States  and  of  the  State  wherein  they  reside. 
No    State    shall    make    or   enforce    any    law   which    shall 
abridge  the  privileges  or  immunities  of  citizens   of  the 
United  States ;   nor  shall  any  State  deprive  any  person  of 
life,  liberty,  or  property,  without  due  process  of  law;  nor 
deny  to  any  person  within   its  jurisdiction  the  equal   pro- 
tection of  the  laws. 

SECTION    II REPRESENTATION 

(101)  Representatives  shall   be  apportioned  among  the 
several    States    according    to    their    respective    numbers, 
counting   the  whole   number   of    persons    in   each    State, 
excluding  Indians  not  taxed.      But  when  the  right  to  vote 
at  any  election  for  the  choice  of  electors  for  President  and 
Vice-President  of  the  United  States,  Representatives   in 
Congress,  the  executive  and  judicial  officers  of  a  State,  or 
the  members  of  the  legislature  thereof,  is  denied  to  any  of 
the  male  inhabitants  of  such  State,  being  twenty-one  years 
of  age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion,  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced 
in  the  proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens  twenty- 
one  years  of  age  in  such  State. 


162  OUTLINES   OF   CIVIL   GOVERNMENT 

SECTION    III — PARTICIPANTS  IN    REBELLION 

(102)  No  person  shall  be  a  Senator  or  Representative 
in  Congress,  or  elector  of  President  and  Vice-President, 
or  hold   any'  office,    civil   or   military,    under  the   United 
States  or  under  any  State,  who,  having  previously  taken 
an  oath  as  a  member  of  Congress,  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  any  State  legislature,  or 
as  an  executive  or  judicial  officer  of  any  State,  to  support 
the  Constitution  of  the  United  States,  shall  have  engaged 
in  insurrection  or  rebellion  against  the  same,  or  given  aid 
or  comfort  to  the   enemies  thereof.      But   Congress  may, 
by    a    vote    of    two-thirds    of    each    house,    remove    such 
disability. 

SECTION    IV — DEBTS  -•• 

(103)  The  validity   of  the   public  debt  of  the  United 
States,   authorized  by  law,   including  debts   incurred  for 
payment  of   pensions   and   bounties   for  services   in   sup- 
pressing insurrection  or  rebellion,  shall  not  be  questioned. 
But  neither  the  United   States  nor  any  State  shall  assume 
or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrec- 
tion or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave;   but   all   such 
debts,  obligations,  and   claims   shall  be   held   illegal   and 
void. 

SECTION  v 

(104)  The   Congress   shall   have  power  to   enforce,  by 
appropriate  legislation,  the  provisions  of  this  article. 


OUTLINES   OF   CIVIL  GOVERNMENT  163 

ARTICLE  XV 

SECTION  I — ELECTIVE  FRANCHISE 

(105)  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by 
any  State  on  account  of  race,  color,  or  previous  condition 
of  servitude. 

SECTION    II 

(106)  The  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 


INDEX 

PAGE 

Administrative  Officers  of  a  City  ......  27 

Admission  of  States        ........  67 

Agricultural  Department        .         .         .         .         .         .         .  119 

Aldermen         .                           27 

Ambassadors  ..........  105 

Amendment  to  Constitution           .         .         .         .         .         .  78 

Amendment  to  a  State  Constitution 46 

Appeal  of  Cases      .         .         .         .         .         .         .         .         .  62 

Appeals,  Court  of 60 

Appellate  Jurisdiction 126 

Apportionment  to  House        .......  83 

Appropriations        .........  91 

Armies,  Power  of  Congress  to  Raise     .         .         .         .         .  91 

Arraignment  ..........  61 

Articles  of  Confederation       .         .         .                  .         .         •  J        77 

Arguments       ..........  62 

Assessment  of  Taxes n 

Assessor  of  Taxes  : — 

of  Township 9,  n,  21 

of  City 28 

Attorney-general 54,  115 

Attorney,  State's 54 

Auditor : — 

of  City 28 

of  County 17,  21 

of  Township 

of  State 54 

Bail 61 

Ballot :—  7 

Australian  System 7 

Short  Ballot 28 

Bank,  National        .         . no 

Bank  Notes no 

Bankruptcy 92 

Bench  of  Supreme  Court        .......  126 

Bill 9A  93 


INDEX  165 


Bill  of  Attainder      ...... 

PAGE 

Bill  of  Rights           . 
Board  of  Aldermen          ..... 
Board  of  Education         ..... 
Boards  of  State        ... 
Boston  Charter        
Borough 

.          .         .           78 

.     %    .         .           27 
,     13,  28 

53 
29 
26 
.    8c,  04 

Budget     
Bureaus  of  Departments          .... 
Bv-laws    . 

III 

114,115 

6 

Cabinet 97 

Canvassing  Vote 7 

Caption  or  Poll  Tax        ........  10 

Cases  : — 

Appealed  .         .         .         .         .         .         ...       57,  60,  62 

Civil 57 

Criminal            .........  58 

Removed           .........  57 

Caucus  or  Primary           ........  5 

Census     ...........  119 

Charter  :— 

Town  or  Village       ........  5 

City 26 

Colonial 45 

Check  List 7 

Circuits  ...........  125 

Cities  :— 

Growth     ..........  26 

Citizens,  Rights  of          .                   75 

Citizenship 48 

City  :— 

Council    ..........  27 

Courts      . 29 

Government     .........  27 

Civil  Officers 84 

Civil  Suits 57 

Civil  Service  Laws          .         .         .         .         .         .         .         .  101 


166  INDEX 

PAGE 

Clerk  :— 

of  City 28 

of  County  Court       ........  -18,  21 

of  House  of  Representatives 84 

of  Township     .........  8 

of  Supreme  Court    .         .         .         .         .         .         .         .  60,  67 

Coinage,  Metals 108 

Collection  of  Taxes         .         .         .         .         .         .         .  4,  n 

Collector  of  Taxes  .  ' 9,  11,21,28 

Colonies,  Early  Government           .          .         .         .         .          .  '      45 

Columbia,  District  of 65 

Commander-in-chief  of  Army  and  Navy        .         .         .         .  100 

Commerce,  Regulated  by  Congress        .....  92 

Commission    ..........  148 

Commissioners  : — 

County     .         .         .         .         .         .         .         .         .         .  16,  21 

Federal 125 

Fire 28 

Streets .  28 

Water        .                  28 

Committees  : — 

of  Congress 93,  94 

of  Schools 13 

Complaint        ..........  60 

Comptroller,  or  Controller 17,  54 

Confederation,  Articles  of      .......  77 

Congressional  Districts           .......  83 

Congress  : — 

Branches  of      .........  Si 

Election  of  President  by 95 

Extra  Sessions 81 

Powers  of          .........  79 

Conservation            .         .          .         .         .         .          .         .         .  118 

Constables 14 

Constitution,  Federal     ........  78 

Adoption 78 

Described 77 

Formation         .........  77 

Oath  to  Support 78 

Constitution,  State 45 

Described          .........  45 

How  Framed    .........  45 

Amendment      .........  46 


INDEX 

167 

PAGE 

.      AC,   78 

Consular  Districts           .         .         . 

106 

106 

Copyright        

92 

.      17,  21 

r 

Corporation  Tax     .         .         .         .         .  x 

.            .            107 

Counterfeiting         

92 

Council  :  — 

City           • 

26 

r-3 

Territorial         ....... 

.         .          66 

62 

County  Government  of  New  England  :  — 

16 

Auditor     ........ 

17 

Commissioners         ...... 

16 

Coroner    

17 

Other  Officers            .         .         .         .         .         . 

17,  18 

School  Superintendent    

17 

Shire  Town,  or  Seat         ..... 

16- 

17 

County  Government  :  — 

Mixed  System           

23 

Southern           ,         .         . 

20 

Courts  :  — 

Circuit      

60 

City  ^        

29 

Criminal            ....... 

59 

Justice's    .         .         .         .          . 

.           14 

Other  Courts    

60,  127 

Police  Court     

59 

Supreme  Court  of  State            .         .         . 

60 

Supreme  Court  of  United  States     . 

.         126 

United  States  Circuit  Courts            .         . 

125 

United  States  District  Court  .         .         .         . 

124 

United  States  Court  of  Appeals 

.   ;      125 

State  Court  of  Appeals    .         .         .         . 

60 

Courts-martial 

84 

Customs           .         .         .         .         .         .         . 

.    9,  107 

Customs  Districts            . 

108 

Criminals         .         . 

57 

168  INDEX 

PAGE 

Debate     .                                            6 

Defendant       .                                   61 

Delegate,  Territorial       .         .         .         .         .         .         .         .    65,  67 

Democracy,  Pure    .........  6 

Departments  : — 

Agriculture no 

City 27 

Commerce  and  Labor      .         .         .         .         .         .         .  120 

Government 27 

Interior 112,   117 

Judiciary            .........  123 

Justice 115 

Navy n$ 

Post  Office 116 

State 105 

Treasury            .         .                  .         .         .         .         .         .  106 

War 114 

District  Attorney 1 8,  67,  125 

District,  Congressional 83 

District  or  Circuit  Courts 60 

District  Judge 124 

District  Court  of  United  States 124 

District  of  Columbia       ........  65 

Domain,  Eminent  ..........  48 

Duties,  Excises       ........          107,  139 

Diplomats 105 

Education  of  Children    ........  13 

"  Elastic  Clause" 92 

Election  :— 

Method,  Plurality,  Majority 7 

President           .........  98 

Representative 82 

Senator 87 

State  Legislators      ........  51 

Territorial  Legislators 66 

Township  Officials            .......  5 

Electors '.  98 

Eminent  Domain    .........  48 

Enabling  Act ,  68 

Equalizing  Boards           ....                  ...  17 


INDEX 

169 

PAGE 

Excise  Duty    ......... 

107,     139 

Executive  Department  of  Government 

52 

Officers  of  State  :  — 

Attorney  General          

54 

Auditor  or  Controller           

54 

Treasurer       .         .         .         

54 

Superintendent  of  Schools            .               *  . 

54 

Officers  of  Federal  Government  :  — 

Cabinet          

97 

President       .         .         .         . 

9* 

10 

Ex  Post  Facto  Law         

H3 

Extra  Sessions  of  Congress    . 

IOI 

Federal  Plan,  City  Government     ..... 

28 

Fines        .......... 

0 

Finance  .......... 

QI 

Forestry,  Bureau  of         ....... 

I2O 

Forms  of  Government    ....... 

3 

Functions  of  City  Government      

26 

Franchise  :  — 

Elective    .         .         .         .         ... 

o 

«         40 

Privileges  Granted            .         .  " 

27 

Free  Silver      .         

109 

German  Bundesrath 

88 

Governor  of  State  :  — 

52 

Powers  of          

53 

Veto           

53 

Gold  Coinage  Free          

.         109 

Gold  or  Silver  Certificate        

108 

Grand  Jury      

61 

A7 

Habeas  Corpus        ........ 

61 

8 

House  of  Representatives       . 

•    51,82 

House  of  Representatives  :  — 

Members            .         .         .         e 

82 

Speaker    ......... 

84 

170  INDEX 

PAGE 

Idiots       ...........  49 

Impeachment           .         .         ,         . 84,  89 

Imposts,  Duties '.         .         107,   144 

Incorporation  : — 

City 26 

Township  or  Village        .         .         .         .         .         .         .  5,  26 

Indictment       ..........  61 

Indians    ...........  118 

Indirect  Taxes 9 

Insane     ...........  12 

Internal  Revenue 9,  107 

Internal  Revenue  Districts     .......  107 

Judiciary,  Federal 123 

Courts  : — 

Circuit 125 

Circuit  Court  of  Appeals 126 

District          .         .         .         .         .         .         .         .         .  124 

Supreme        . 126 

Judges  :— 

Associate  Justices          .         .         .         .         .         .         .  126 

Circuit           .         . 125 

Chief  Justice 126 

District 124 

Jurisdiction 124 

Judiciary,  State       .                  57 

Courts  : — 

Appeals 60 

County,  or  Municipal            .  59 

District  or  Circuit 60 

Local 59 

Probate 58,  60 

Superior  Court  of  Record 59 

Supreme        .........  60 

Judiciary  of  a  City   ........  29 

Judges  of  County  Courts 17 

Judges 58 

Justice  of  Peace 14 

Judiciary,  Territorial 67 

Courts  : — 

Court  of  Record                      »         0  67 

Justice's         .  67 

Supreme        .........  67 


INDEX 


171 


Grand 
Petit 


61 

58,  61 

59,  61 


Land  Survey '  .  24 

Legislative  Department : — 

Scope  of  Law  Making 

General  or  Special  . 

House  of  Representatives 

Senate 

Federal ...  79 

Territorial  ....  ...  66 

Liberty,  Personal 75 

Licenses 9 

Lieutenant  Governor      ........  53 

Lobbying         ..........  94 

Local  Government 3 

Majority           ..........  7 

Marshal 67,  125 

Marque  and  Reprisal 143 

Mayor,  Duties  of 27 

Message  of  Governor 53 

Message  of  President ioo« 

Middle  Atlantic  States    .........  23 

Militia  of  State        .         .         .  -       .         .         .         .         .  18 

Militia  of  State  :  Power  of  President  to  call          .         .         .  91,  100 

Mints no 

Minority  President          ........  99 

Mixed,  Town — County  Government 23 

Moderator 6 

Money  and  Coinage 108 

National  Banks no 

National  Government     .........  77 

Naturalization  of  Aliens 49 

Navy 91 

New  York 23 

Nobility,  Title  of 49 


172  INDEX 

PAGE 

Oath  of  Office 78 

Ordinances      .         .         „         .         .         .         .         .         .         .  6,  27 

Original  Jurisdiction 59,  I26 

Overseers  of  Poor  : — 

of  County          .         .         .         .         .         .         .         .         .  17,  21 

of  Township     .........  12 

Paper  Money,  Currency 108 

Pardon,  Power  of    .........  IQI 

Patents 92,  119 

Paupers 12 

Pensions           ..........  119 

Pennsylvania  ..........  23 

Petit  Jury         .         .         .          .         .         .     __  .         .         .         .  61 

Piracy,  Punished  by  Congress        ......  92 

Plaintiff 57 

Plea 62 

Plurality  or  Majority  Vote 7 

Police I    .  28 

Police  Power  of  State 48 

Polling  Places 26 

Poll  or  Personal  Tax 10 

Postmasters,  General 116 

Post  Office  Department 116 

Post  Roads .         .  n6 

Poor  and  Unfortunate     ........  12 

Powers  of  Congress  : —  79,  91 

of  Governor      ..........  52 

of  President      .         . ibo 

of  State  Legislature          .......  47 

Denied  Federal  Government            .....  79 

Denied  State  Government        ......  47 

Preamble  to  Constitution       .......  133 

President : — 

How  Elected 98 

Inauguration  of        ........  100 

Message  of 100 

Minority  President  ........  99 

Powers  and  Duties  of  100 

Veto,  Power  of          .         .         .         .         0         .         .         .  100 

Who  Succeeds 98 

Qualifications  .........  98 


INDEX 

173 

PAGE 

Primary  .          .    '                „     -    „ 

5 

Procedure         . 

123 

Property  :  — 

Personal  .         .         .         .         . 

.    "           10 

Real  Estate       

10 

Protective  Tariff      

107 

Public  Lands            ...... 

117 

Qualifications  of  :  — 

President           ...... 

98 

Representative          

82 

Senator     ....*... 

,     .     .  .   87 

137 

Register  of  Deeds   ...... 

18 

Register  of  Probate         ..... 

18 

Registration  of  Wills,  Deeds 

18 

Registrars,  see  Register          '. 

. 

Registration  of  Voters    ..... 

5 

Relation  of  Federal  to  State  Government 

79 

Relation  of  State  to  Local  Government 

.         .        .          46 

Relation  of  Federal  to  State  Government 

.        .         .          46 

Relation  of  Township  to  State 

4 

Representation  :  — 

in  Congress      

82 

in  State  Legislature          .... 

51 

Representative  at  Large          .... 

•         •         •           83 

Reprieve,  Power  of          ..... 

IOI 

Reports,  Town        

6 

Reporter  of  Supreme  Court   .         .         .         . 

...          60 

Revenue  Tariff         ...... 

107 

Riders  to  a  Bill        .         .         .         ... 

128 

Schools  :  — 

Common            ...... 

13 

Military,  Naval         ..... 

115 

Indians      .          . 

119 

Reform     .....         9         . 

12 

Superintendent  of    . 

.         17,21,54 

Secretary  of  State  .         . 

53 

Secretary  of  Territory     ..... 

66 

174  INDEX 

PAGE 

Seigniorage     .         .         „         .         .         .         .         .         .         .  .     no 

Selectmen 8 

Senate  .of  United  States           .......  87 

Senatorial  Districts         .         .         .         .         .         .         .         .  51 

Senator  : — 

State 51 

United  States 87 

Spoils  System          .  . 101 

Sergeant-at-arms    .........  84 

Sheriff 18,21 

Shire  Town 16 

Short  Ballot 28 

Signal  Service         .         .         .         .         .         .         .         .         .  115 

Slavery    ...........  76 

Soldiers,  Sailors     .........  12 

Speaker  of  House 84,  93 

Spoils  System          .....         e         ...  101 

Staff,  Governor's    ...         0         .....  53 
State  :— 

Constitution     .  45 

Amendment          ..<,.....  46 

How  Framed 45 

Government     .........  45 

Powers      ..........  47 

Representation          ........  87 

State  Legislature  : —  51 

Powers 47 

Powers  Denied  State        .         .         .         ....         .  47 

Two  Branches           .         .     ' 51 

State  Senate    .         .         .         .         .         .         .         .         .         .  51 

State  Senators         .........  51 

States  Admitted 67 

State's  Attorney 21,  54 

Studies,  Course  of           ........  13 

Suffrage,  Right  of  :—  48 

Limitations      .         .         .         ...         .         .         .  48 

Woman  Suffrage      ........  49 

Superintendent  of  Schools  : — 

County o         .         .         .  17,  21 

State         .         . 54 

Township          .........  13 


INDEX  175 

PAGE 

Supervisors  of  Townships 23 

Supreme  Court : — 

of  a  State 60 

of  United  States 126 

Survey  of  Land  in  West 23,  117 

Surveyors  of  Highways           .......  8 

Tariff  :— 

Protective 107 

Revenue 107 

Taxation  : — 

Direct 9 

Indirect 9 

Personal  ..........  10 

Poll 10 

Property  Exempted 10 

Real  Estate 10 

Objects ii 

Tax  Assessors          .........  n 

Tax  Collectors         .........  n 

Taxes,  Power  of  Congress  to  Collect 79 

Taxpayer's  Share    . n 

Territory  : — 

Acquired           .........  64 

Admission  to  Statehood .  67 

Executive          .........  66 

Judiciary            .........  67 

Legislature 66 

Local  Government  ........  67 

Organized 65 

Unorganized     .........  65 

Town  or  Township  Defined             .         .         .         .         .         .  4 

Townships  of  New  England  : —  4 

Clerk 8 

Constables 14 

Elections           .         .         .     •    .         .         .                  .         .  5 

Justice  of  the  Peace           .......  14 

Meetings 6 

Overseer  of  Poor      ........  12 

School  Committee  .  13 

Selectmen          .'........  8 

Town  of  Middle  States   .                            24 


176  INDEX 

PAGE 

Towns  of  .Middle  States:— 

of  Northwest    .........  24 

of  South .  21 

Treasurer  of  City  : —  28 

of  County          ...         .         .         .         .         .         .         .  17,  21 

of  Township 8 

of  State 54 

Treasury  Department     .         .         .         .         .         .         .         .  106 

Treaties 0  89 

Trustees  of  School 13 

Trustees  of  Township 23 

United  States  : —  77 

Beginnings       .........  77 

Congress 81 

Representatives 82 

Senators  ..........  87 

Vacancy  in  Representation     .         .                  .         .         .         .  83 

Vacancy  in  Senate 88 

Verdict  of  Jury        .........  62 

Veto  :— 

of  Governor      .........  53 

of  Mayor  ..........  28 

of  President      .........  100 

Vice  President 98 

Voters :—  48 

Qualifications  .........  48 

Residence 49 

Sex 49 

Who  Are           .         .         .         .     * 48 

Voting  Districts  in  South       ........  20 

Voting  Methods      .........  7 

War:—  91 
Declared  by  Congress      .         .         .         .         .         .         .  91,  114 

Department  of          . 114 

Prosecution  of           ........  114 

Wards 26 

Warrant •   '     .  6,  61 

Weather  Bureau      ...«*...,  120 

Wills,  Registration  of    .  18 

Witnesses        .........  62 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


LD  21A-50rn-4,'59 
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General  Library 

University  of  California 

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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


